Labor

  • April 25, 2025

    Local Gov'ts, Union Sue Over COVID Grant Cancellations

    Four local governments have joined with a government employees union to challenge the federal government's termination of $11 billion in grants stemming from the COVID-19 pandemic, seeking an injunction restoring the funds and a declaration that the decision to mass-terminate the grants was unlawful.

  • April 25, 2025

    Mich. Co. Challenges Acting NLRB GC's 'Procedural Ambush'

    A Detroit water infrastructure company accused the National Labor Relations Board's acting general counsel of a "procedural ambush" when his office asked to pursue "direct or foreseeable" harms under the board's Thryv decision, saying the counsel's request to revise an exception filed by agency prosecutors came nearly three years late.

  • April 25, 2025

    Calif. Forecast: Workday AI Bias Suit Up For Class Cert.

    In the coming week, attorneys should watch for arguments regarding conditional collective certification in a discrimination suit against Workday Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • April 25, 2025

    Teachers Union Blocks Feds From Freezing Funds Over DEI

    The federal government can't revoke funding from schools associated with the National Education Association and two other educator groups because of the institutions' diversity, equity and inclusion policies, a New Hampshire federal judge ruled, saying the organizations will likely succeed in their suit claiming government guidance was unlawfully vague.

  • April 25, 2025

    NY Forecast: 2nd Circ. Hears Suit Over Contract Translation

    This week, the Second Circuit will consider whether to revive a lawsuit brought by a former New York City day care center worker who claims he was denied overtime pay under state and federal law.

  • April 24, 2025

    Skadden Meddled With Internal Trump Deal Talk, NLRB Told

    A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.

  • April 24, 2025

    Imaging Nurses Can Join Nurses Union At Minn. Hospital

    Three nurses who work in a Minnesota hospital's cardiovascular imaging department can vote on joining the union that represents the hospital's other 1,300 nurses, a National Labor Relations Board official has ruled, setting an election for later this month.

  • April 24, 2025

    Union Challenges Treasury's Suit Over CBA Executive Order

    A National Treasury Employees Union affiliate urged a Kentucky federal judge Thursday not to find the U.S. Department of the Treasury can lawfully terminate its labor contracts with the national union, arguing the district court does not have jurisdiction and the agency can't request an advisory opinion.

  • April 24, 2025

    Former NLRB Member And Veteran Atty Emanuel Dies

    William Emanuel, a former National Labor Relations Board member and veteran management-side labor attorney, has died, a friend and management bar colleague told Law360.

  • April 24, 2025

    7th Circ. Backs Employers In Pension Fund Withdrawal Fight

    The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.

  • April 24, 2025

    Construction Co. Tells 6th Circ. To Void NLRB's Bargain Order

    A construction company disputed the National Labor Relations Board's interpretation of a nearly 70-year-old board precedent when finding an International Union of Operating Engineers local timely withdrew from multiemployer bargaining, telling the Sixth Circuit the company lawfully locked out employees to push the union to negotiate.

  • April 24, 2025

    Puerto Rico Janitor Co. Withheld Info, NLRB Judge Says

    A janitorial company that serves two Veterans Administration hospitals in Puerto Rico violated federal labor law by failing to give its employees' union information about workers' schedules, pay and time off, a National Labor Relations Board judge ruled.

  • April 23, 2025

    GAO Won't Rethink Denial Of Army Corps Contract Challenge

    The Government Accountability Office has dismissed a Georgia-based construction contractor's request to reconsider its January decision rejecting its challenge to the U.S. Army Corps of Engineers' denial of its building repair contract proposal.

  • April 23, 2025

    Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told

    The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.

  • April 23, 2025

    UAW Southern Organizing Bid Could Depend On VW Talks

    The United Auto Workers' campaign to organize automakers in the South appears to have hit a roadblock in the year since the union notched a landmark representation election victory at a Volkswagen plant in Tennessee, but experts said reaching a strong contract there could help jump-start the union's ambitions.

  • April 23, 2025

    Trump, OPM Say Unions Are 'Bystanders' In Schedule F Row

    A D.C. federal judge must not disturb President Donald Trump's executive order aimed at making it easier to fire career federal employees, the government argued in a motion to dismiss, saying two unions that brought the challenge lack standing and their allegations are unripe for the court.

  • April 23, 2025

    Teamsters' Raise Fight With Rail Operator Sent To Arbitration

    An arbitration board must clarify the meaning of "economic value" in a 2021 award before a Massachusetts federal judge can enforce it, the judge held, saying a definition is necessary to determine the obligations the award places on a Boston commuter rail operator that is feuding with the Teamsters.

  • April 23, 2025

    NLRB Defends Rehiring Order For Diner At 5th Circ.

    A National Labor Relations Board judge's conclusion that an '80s-themed diner in Houston needs to reinstate the eight employees it fired following a strike falls within make-whole remedies, the board said, urging the Fifth Circuit to enforce the order.

  • April 23, 2025

    5th Circ. Nixes Order Letting Union Join NLRB Challenge

    The Fifth Circuit has walked back an order allowing the Office and Professional Employees International Union to intervene in a high-profile case challenging the National Labor Relations Board's constitutionality, saying the union's interests are adequately spelled out in its amicus brief and represented by the board.

  • April 23, 2025

    GOP Leader Proposes Modernizing Contractor Rules

    U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.

  • April 23, 2025

    Nexstar Disputes NLRB's Colo. TV Stations Order At 5th Circ.

    Nexstar Media Group Inc. urged the Fifth Circuit to find that the National Labor Relations Board wrongly certified representation election results for a smaller bargaining unit at two television stations in Denver, raising arguments about deference to the board and claims that a union's actions unfairly influenced the vote.

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    Reporters Extend Block On Plan Threatening Voice Of America

    A D.C. federal judge on Tuesday extended an earlier order blocking the Trump administration from dismantling the agency that oversees Voice of America, saying the coalition of journalists, unions and a reporter advocacy group seeking the preliminary injunction demonstrated the likelihood of "irreparable harm" absent the relief.

  • April 22, 2025

    Trump Admin Fights Groups' Bid To Stop Library Agency Cuts

    The Constitution vests President Donald Trump with the authority to reduce the size of the agency that disburses grants to U.S. libraries, the Trump administration told a Washington, D.C., federal judge, opposing two groups' attempt to reverse recent cuts to the Institute of Museum and Library Services.

  • April 22, 2025

    Acting NLRB GC Axes Bid To Shift Strike Replacement Theory

    A National Labor Relations Board prosecutor sought to abandon an effort by former general counsel Jennifer Abruzzo to change a more than 60-year-old precedent for weighing the lawfulness of permanently replacing strikers, noting the acting general counsel's decision to rescind his predecessor's memoranda.

Expert Analysis

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.