Labor

  • February 28, 2025

    CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

    Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

  • February 28, 2025

    OPM Tells Agencies To Give On-The-Clock Union Task Info

    The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.

  • February 28, 2025

    'Not So': Trump Says Wilcox Firing Case Won't Ax Humphrey's

    A D.C. federal judge should reject former National Labor Relations Board member Gwynne Wilcox's claim that the Trump administration is trying to ax landmark U.S. Supreme Court precedent, President Donald Trump and board Chairman Marvin Kaplan argued Friday, saying they only want the decision properly applied.

  • February 28, 2025

    2nd Circ. Revives Electrical Worker's Union Pension Fight

    An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.

  • February 28, 2025

    Starbucks Broke Labor Law At Conn. Cafes, NLRB Judge Says

    Starbucks violated federal labor law at two Connecticut stores in its efforts to quell support for Workers United, a National Labor Relations Board judge ruled, dinging the coffee giant for unlawfully firing a union supporter and threatening the loss of a Lyft reimbursement, among other actions.

  • February 28, 2025

    Attys Debate NLRB Deference, Athlete Status At ABA Panels

    Labor lawyers don't know yet how the U.S. Supreme Court's decision in 2024 to scale back deference to agencies will affect their practices, nor do they agree on how the courts have treated this emerging issue so far, a panel at an American Bar Association showed Friday.

  • February 28, 2025

    Wash. Hospital Beats Claim It Balked On Union Pay Agreement

    A hospital in Kennewick, Washington, wasn't obligated to enter into a written agreement with a union after two meetings about potential wage enhancements, a National Labor Relations Board judge ruled, saying the union and hospital still need to hash out some disagreements before codifying the changes.

  • February 28, 2025

    Calif. Forecast: 9th Circ. Hears NLRB, UPS, Teamsters Dispute

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a labor dispute involving the National Labor Relations Board, a UPS subsidiary and an International Brotherhood of Teamsters local. Here's a look at that case and other labor and employment matters on deck in California.

  • February 27, 2025

    FTC Asks To Delay In-House PBM Insulin Case

    Arguing that pharmacy benefit managers accused of artificially inflating insulin prices have already "unreasonably delayed" discovery, the Federal Trade Commission is asking an in-house judge to push back an evidentiary trial in the case, saying it would allow the administrative court more time to accommodate up to 17 expert witnesses.

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    Union Strike Energy Expected To Continue Despite Dip In 2024

    The number of striking workers dropped in 2024 after an unusually active year for strike activity the year before, but labor experts predict that the dip will not be permanent as the labor movement prepares for a less friendly environment for unions.

  • February 27, 2025

    NLRB Tells 6th Circ. Constitution Args Can't Block Board Case

    The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.

  • February 27, 2025

    NLRB Atty Not Afraid Of Constitutional Challenges To Agency

    A pile of suits seeking to freeze the National Labor Relations Board's prosecution of specific employers on constitutionality grounds aren't a threat to disable the agency because losing would only spell the end of its officials' job protections, a board litigator said Thursday at an American Bar Association conference.

  • February 27, 2025

    NLRB Mandates Workers Return To Offices By End Of March

    The National Labor Relations Board is requiring its employees to return to the office full time by March 31, according to a copy of a new policy obtained by Law360, drawing ire from the unions representing the agency's workers who claim the requirements violate their collective bargaining agreements.

  • February 27, 2025

    Yellow Corp. Beats Teamsters In WARN Act Row

    A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.

  • February 27, 2025

    DOL Pick Faces Scrutiny About DOGE From Senate Dems

    President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.

  • February 27, 2025

    Farmworker Union Sues Over Calif. Border Patrol Raid

    A farmworker union and Kern County, California, residents accused U.S. Border Patrol agents of carrying out an unlawful, nearly weeklong immigration enforcement sweep to arrest people of color who appeared to be farmworkers regardless of their immigration status.

  • February 27, 2025

    Former Seyfarth Partner To Chair DOL's Review Board

    The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.

  • February 27, 2025

    US Senate Panel Advances Trump's Labor Secretary Pick

    A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.

  • February 26, 2025

    Amazon Fights NLRB's Finding On Off-Duty Access Rule

    National Labor Relations Board prosecutors were too quick to go after Amazon for banning off-duty workers from accessing company facilities three years ago, the company argued, saying prosecutors owed the e-commerce giant a chance to adjust its 2022 off-duty access policy before alleging the policy violated a 2021 settlement.

  • February 26, 2025

    Calif. AG's Hiring Of Lieff Cabraser In Climate Suit Challenged

    California Attorney General Rob Bonta improperly hired Lieff Cabraser Heimann & Bernstein LLP to assist with the state's climate deception suit against fossil fuel companies when attorneys in his office were capable of handling the litigation, the union representing the public lawyers contended in a newly filed state court complaint.

  • February 26, 2025

    NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power

    The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.

  • February 26, 2025

    US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss

    The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.

  • February 26, 2025

    NLRB Attys Endorse New Union Vote At Ala. Amazon Facility

    Amazon mounted an aggressive anti-union campaign at a Bessemer, Alabama, warehouse, resulting in a National Labor Relations Board judge correctly ordering a new union representation election at the facility, board prosecutors and the union told the NLRB, asking it to uphold the judge's order.

  • February 26, 2025

    Aramark, Spinoff Co. Want 'Fraud By Hindsight' Suit Tossed

    Aramark and a uniform supplier spinoff company asked a Georgia federal judge Tuesday to dismiss claims that it intentionally lied to investors about chronic underfunding of the business, accusing a union pension fund of "using a pleading tactic universally condemned by the courts: fraud by hindsight."

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

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