Labor

  • March 21, 2025

    Withdrawn Theories Show NLRB Attys' Shifting Positions

    National Labor Relations Board prosecutors' recent abandonment of ousted general counsel Jennifer Abruzzo's theories in several cases is the latest phase in a continued retreat from her aggressive approach to labor litigation, experts say.

  • March 21, 2025

    Groups Can Probe Treasury's Cooperation With DOGE

    A Washington, D.C., federal judge let two unions and a retirees group look into any steps the U.S. Secretary of the Treasury took to give the Department of Government Efficiency access to Treasury's computer systems, saying she needs the information to evaluate the action's lawfulness.

  • March 21, 2025

    MGM Says Atty Fees Shouldn't Be Triple Mich. Worker's Award

    MGM Grand Casino said attorneys for a fired employee cannot recoup more than three times the $133,000 a Michigan federal jury awarded him earlier this year in his lawsuit alleging he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.

  • March 21, 2025

    NLRB Seeks End To Fan Co.'s Fight Over Removal Protections

    A fan maker hasn't proved that removal protections for National Labor Relations Board judges and members resulted in harm to the company, the board argued in Missouri federal court, urging the judge to dismiss an amended suit aimed at stopping an unfair labor practice hearing in April.

  • March 21, 2025

    NY Forecast: NFL Arbitration Bid In Race Bias Suit At 2nd Circ.

    This week, the Second Circuit will hear the National Football League's appeal of a lower court decision partially denying its bid to send former Miami Dolphins head coach Brian Flores' racial bias suit to arbitration.

  • March 21, 2025

    Calif. Forecast: Car Dealership Challenges NLRB Structure

    In the coming week, attorneys should keep an eye out for a ruling on a car dealership's attempt to halt National Labor Relations Board proceedings based on an argument that the board's structure is unconstitutional. Here's a look at that case and other labor and employment matters coming up in California.

  • March 21, 2025

    Teamsters Unit Wants Out Of Black UPS Worker's Bias Suit

    A Black UPS employee's claims against a Teamsters unit should be tossed, the union told a Mississippi federal court, saying that he cannot show the union treated him unfairly and that it cannot be held responsible for interfering with his medical leave rights.

  • March 20, 2025

    Judge Bars DOGE 'Fishing Expedition' Of Social Security Data

    Elon Musk's Department of Government Efficiency cannot have access to sensitive Social Security Administration systems, a Maryland federal judge ruled Thursday, saying the entity's search for fraud is a "fishing expedition" that could put the personal data of millions of Americans at risk.

  • March 20, 2025

    Starbucks Acted Illegally At Texas Cafes, NLRB Judge Says

    Starbucks violated federal labor law by discharging union supporters, threatening a loss of tuition benefits and refusing to negotiate about safety issues, a National Labor Relations Board judge ruled Thursday, finding the coffee giant committed several unfair labor practices to curb organizing at Texas cafes.

  • March 20, 2025

    Revived Suit Could Spur NLRB Joint Employer Rule Change

    The resumption of a union's dormant challenge to the National Labor Relations Board's 2020 joint employer rule could be a quick path to change the agency's approach to the issue, but uncertainty surrounding the board and court deference to federal agencies makes the result unclear.

  • March 20, 2025

    Ga. Eateries Say Wilcox Rehire Bolsters NLRB Injunction Bid

    A Savannah, Georgia, restaurant group argued Thursday that National Labor Relations Board member Gwynne Wilcox's reinstatement strengthens its U.S. Constitution-based bid for an injunction blocking an NLRB unfair labor practice case against it, citing a 2021 U.S. Supreme Court ruling.

  • March 20, 2025

    Worker Didn't Show Harm From NLRB Structure, Judge Says

    A truck driver hasn't proved he experienced harm from removal protections for National Labor Relations Board members, a D.C. federal judge ruled, tossing the worker's constitutional challenge to the agency's structure in connection with an unfair labor practice case against a Teamsters local.

  • March 20, 2025

    DOL Must Face Part Of Trade Groups' Prevailing Wage Suit

    The U.S. Department of Labor cannot fully escape a lawsuit from two trade associations challenging the agency's final rule updating prevailing wage rates for federal construction projects, with a Texas federal judge finding the groups showed that their members could be harmed by the changes.

  • March 20, 2025

    CFPB Union Narrows Injunction Bid In Shutdown Suit

    The Consumer Financial Protection Bureau would be barred from idling its workforce under a narrowed injunction bid filed Wednesday in Washington, D.C., federal court, where the agency's employee union is squaring off with the Trump administration.

  • March 20, 2025

    Biz Groups Fight NLRB's Captive Audience Order At 11th Circ.

    The U.S. Chamber of Commerce along with other business groups told the Eleventh Circuit that the National Labor Relations Board's order deeming so-called captive audience meetings unlawful flouts the First Amendment, arguing the board's decision targets an employer's speech about unions.

  • March 20, 2025

    3rd Circ. Backs NLRB Order For New Union Vote At Waste Co.

    A New Jersey waste management company must hold a new union representation election after it tainted the first vote by creating the impression that workers wouldn't get a raise if they unionized, the Third Circuit has ruled, upholding a National Labor Relations Board decision.

  • March 19, 2025

    NY-NJ Elevator Constructors Union Fights Reinstatement Bid

    An elevator constructors union that serves New York and New Jersey is fighting a former member's bid to be reinstated, telling a New York federal judge that the "reprehensible" behavior that led to the member's dismissal would likely recur if he were brought back.

  • March 19, 2025

    Union Says NY Contractor Owes $1.5M In Contributions

    A roofers union, its benefit funds and trustees accused a Long Island contractor of failing to pay at least $1.5 million in contributions, telling a New York federal judge that the company breached its collective bargaining agreement.

  • March 19, 2025

    Texas Justices Skeptical Boeing Can Dodge Airline Union Suit

    Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."

  • March 19, 2025

    Recycling Co.'s Wage Talk Ban Was Illegal, NLRB Judge Says

    Two recycling companies in Pennsylvania are a single employer that violated federal labor law by barring workers from talking among themselves about wages, a National Labor Relations Board judge ruled, finding the supervisor who made unlawful statements about compensation talk was a statutory supervisor.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    UPS Manager Says He Can Sue Union Local He Isn't Part Of

    A UPS manager who accused an Indianapolis Teamsters local of falsely painting him as racist can sue the union even though he isn't a member, he argued in Indiana federal court, saying Title VII of the Civil Rights Act doesn't require people to be union members to sue unions.

  • March 18, 2025

    Feds Say On-Leave Staffers Don't 'Skirt' Alsup's Rehire Order

    The Trump administration Tuesday told Judge William Alsup that fired federal probationary employees are being put on administrative leave as part of the reinstatement process he ordered and not to "skirt" the preliminary injunction, after the judge said Monday putting the workers on leave isn't permissible under his order.

  • March 18, 2025

    DC Circ. Seems Divided Over Firings Of Agency Officials

    A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.

  • March 18, 2025

    Teamsters Lose Bid To Nix Driver's Benefits Suit

    A Teamsters local can't escape a delivery driver's claims that the union breached its fiduciary duty by denying him early retirement benefits, a Pennsylvania federal judge ruled Tuesday.

Expert Analysis

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

    Excerpt from Practical Guidance
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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

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