Labor

  • January 10, 2025

    Outgoing DOL Head Talks Final Push, Biden's Worker Legacy

    With less than two weeks left overseeing the U.S. Department of Labor, Acting Labor Secretary Julie Su said she is proudest of fighting wage theft and her support for workers in collective bargaining, but regrets not having more time to fundamentally change the economy. Su spoke with Law360 about her tenure, her potential successor and her legacy.

  • January 10, 2025

    Calif. Forecast: 9th Circ. To Weigh Cal State 'Caste' Policy

    In the next week, attorneys should watch for Ninth Circuit oral arguments regarding whether a "caste" policy at the California State University system unlawfully targets Hindu employees and others. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • January 09, 2025

    Control Of Reality TV Stars Muddles Employee Status Debate

    The suggestion that participants of the reality television series "Love Is Blind" may be employees under federal labor law raises unique questions about the role control plays in defining an employment relationship, adding a new dimension to the modern classification debate, attorneys say.

  • January 09, 2025

    Co. Cites Loper Bright In Bid To Revive NLRB Case At 5th Circ.

    The Fifth Circuit should reconsider its decision to hold a Georgia company liable for a National Labor Relations Act violation, the company argued Thursday, saying the appellate court should not have deferred to the National Labor Relations Board's legal conclusions under precedent set by a U.S. Supreme Court ruling.

  • January 09, 2025

    Ill. Captive Meetings Ban Flouts 1st Amendment, Groups Say

    If Florida couldn't outlaw corporate diversity training without violating the First Amendment, then Illinois can't outlaw so-called captive audience meetings, a libertarian think tank and business group told an Illinois federal judge, saying Illinois' law restricts employers' freedom of speech as much as Florida's now-stricken statute did.

  • January 09, 2025

    AFL-CIO, SEIU Promise Expanded Power With Reaffiliation

    The AFL-CIO and the Service Employees International Union announced that they are reaffiliating nearly 20 years after the service workers union split from the labor federation, with leaders of both groups promising the renewed partnership will help the labor movement reach more workers.

  • January 09, 2025

    DC Circ. Must Nix Baristas' Constitutional Protest, NLRB Says

    U.S. Supreme Court precedent bars two Starbucks baristas' claims about removal protections for National Labor Relations Board members, the board told the D.C. Circuit as it urged the circuit to affirm a lower court's dismissal of a constitutional challenge against the agency.

  • January 09, 2025

    Iowa Teamsters Local Settles UPS Driver's Grievance Suit

    A Teamsters local in Des Moines, Iowa, has reached a settlement to a UPS driver's claims that the union mishandled his grievances over scheduling and discipline, the union told an Iowa federal judge in a notice of settlement, saying details of the deal are forthcoming.

  • January 09, 2025

    Meet The Attys Helping Ailing NY Nursing Home In Ch. 11

    Cold Spring Holdings, owner of a 588-bed nursing facility on Long Island, has enlisted attorneys from Manatt Phelps & Phillips LLP to help the company pursue a Chapter 11 bankruptcy it says was stimulated by a "crusade" on the part of New York Attorney General Letitia James.

  • January 09, 2025

    Longshoremen's Union, Shippers Reach Deal To Avert Strike

    The International Longshoremen's Association and a coalition of shippers reached a tentative agreement on a new labor contract, averting a strike ahead of a Jan. 15 deadline. 

  • January 08, 2025

    Workers File Petition To Join UAW At Ky. EV Battery Maker

    The United Auto Workers are looking to bring the employees of a new electric vehicle battery manufacturer into the fold in 2025, announcing Wednesday that workers at the soon-to-open BlueOval SK plant in Glendale, Kentucky, filed a petition for a union representation election with the National Labor Relations Board.

  • January 08, 2025

    Ex-MGM Worker Had 'God-Given Right' To Skip Vax, Jury Told

    An attorney for a fired MGM Grand Detroit warehouse manager harked back to the American Revolution to try to persuade a Michigan federal jury during opening statements that his client was wrongfully denied an exemption from the casino's COVID-19 vaccine mandate.

  • January 08, 2025

    Welch's Asks 3rd Circ. To Nix Alleged Harasser Rehire Order

    Welch's is asking the Third Circuit to undo a September order from a Pennsylvania judge requiring it to rehire a worker fired for allegedly sexually harassing a co-worker, saying the labor arbitrator who issued the decision failed to make a clear finding of fact both initially and on remand.

  • January 08, 2025

    NJ Marriott Hotel Operator Must Rehire Union Supporters

    The operator of a Marriott hotel in New Jersey must reinstate the six union supporters it fired in 2023 and bargain with the Hotel and Gaming Trades Council, a New Jersey federal judge has ruled, granting a National Labor Relations Board official's petition for an injunction. 

  • January 08, 2025

    NLRB Judge OKs Apple's Firing Of Mass-Emailing Engineer

    Apple was within its rights under federal labor law to terminate a California-based software engineer who raised concerns about her workplace in mass emails, a National Labor Relations Board judge ruled, saying the worker wasn't bringing complaints on behalf of other employees.

  • January 07, 2025

    Amazon's Internal Posting Rules Are Illegal, NLRB Judge Says

    Amazon unlawfully maintained rules restricting workers' communications on an internal digital whiteboard, a National Labor Relations Board judge concluded Tuesday, ordering the e-commerce giant to post a notice at facilities nationwide where the platform was used.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    End Of McFerran's Term Warrants New NLRB Order, Cos. Say

    The National Labor Relations Board must reconsider a decision it released after former Chairman Lauren McFerran's term expired last month, two electrical contractors argued, alleging the order that revived union election petitions can't stand.

  • January 07, 2025

    Amazon Fights Claims Of Retaliation Against Worker Protest

    Amazon placed a former employee on a performance improvement plan not to punish her for co-organizing a walkout but because she struggled in her role, the company told a National Labor Relations Board judge, requesting dismissal of board prosecutors' claims of retaliation against the worker.

  • January 06, 2025

    Wash. Labor Dept. Escapes Union's Farm Wage Challenge

    A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    Pa. Paper Fights NLRB's 'Rare' Injunction Bid At 3rd Circ.

    The publisher of the Pittsburgh Post-Gazette challenged the National Labor Relations Board's "rare" injunction motion to make it bargain with a union and rescind unilateral changes to healthcare benefits, telling the Third Circuit that the newspaper lawfully asserted an impasse in talks.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    NLRB GC Details Changes To Casehandling Processes

    The National Labor Relations Board's top prosecutor explained Monday what case handling modifications the agency has made during her tenure, such as giving questionnaires to charging parties and attempting to resolve cases before initiating investigations, while outlining upcoming changes to how docket information can be accessed.

Expert Analysis

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.