Labor

  • May 16, 2025

    Network Owed Union More After IRS Alert, NLRB Judge Says

    A Chicagoland medical center network that serves the Hispanic community failed to sufficiently loop in its workers' union after the IRS identified potential issues with four workers' Social Security numbers, a National Labor Relations Board judge ruled, holding the employer responsible for a labor law violation.

  • May 16, 2025

    NLRB Acting GC Narrows Remedy Asks In Settlement Talks

    National Labor Relations Board acting general counsel William Cowen instructed regional officials on Friday to exercise more discretion over the remedies they pursue when seeking to settle cases, walking back instructions from his predecessor to seek maximum remedies in settlements.

  • May 16, 2025

    DC Circ. Probes Agency Power In Labor Firings Appeal

    A D.C. Circuit panel grappled Friday with the extent of the president's power to fire federal officials with the U.S. Supreme Court's views in flux, with two judges straining to pin the government's attorney down on what divides agencies Congress can insulate and those it can't.

  • May 16, 2025

    Trump Immigration Policy May Hinder Labor Law Enforcement

    The Trump administration's immigration policies could lead to changes in how the National Labor Relations Board investigates and prosecutes cases that involve immigrant workers, and could make it less likely that those workers participate in agency proceedings, experts said.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    Co. Can't Threaten To Ax Raises Over IBEW, NLRB Judge Says

    A dishwasher equipment company violated federal labor law by threatening the elimination of a promised wage hike if workers unionized with an International Brotherhood of Electrical Workers local, a National Labor Relations Board judge ruled while dismissing allegations about flyer language and a threat end to profit sharing.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 15, 2025

    Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says

    Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    Kroger Worker Fights NLRA Preemption Of State Claim

    A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.

  • May 15, 2025

    NLRB Judge Upholds Miami Beach Hotel's Guest Contact Rule

    A Miami Beach hotel didn't violate federal labor law by banning workers from contacting hotel guests about workplace grievances, a National Labor Relations Board judge has ruled, holding that the ban is justified and does not explicitly restrict union activity.

  • May 15, 2025

    Lines Drawn As DC Circ. Takes Up Trump's Labor Firings

    The writing may be on the wall for two fired labor officials' defenses of orders restoring them to work as they make their cases Friday to three D.C. Circuit judges who have already weighed in on their joint test of the president's power to remove executive appointees.

  • May 15, 2025

    Farmworkers' Union Challenges H-2A Prevailing Wage Regs

    A farmworkers' union said that the U.S. Department of Labor's 2022 H-2A prevailing wage regulations cannot stand and could leave farmworkers without prevailing wage protections, urging a Washington federal court to grant the union a partial win.

  • May 15, 2025

    Teamsters Ask DC Circ. To Back NLRB's Bargaining Order

    A Teamsters local asked the D.C. Circuit to enforce a National Labor Relations Board decision concluding a waste transportation company illegally refused to bargain about its decision to place monitoring cameras in trucks, arguing the unilateral installation is unlawful under differing standards from the NLRB and court. 

  • May 15, 2025

    DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge

    A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.

  • May 15, 2025

    Trump Admin Fights Cities' Bid To Restore COVID Grants

    Four local governments and a public sector union must go to the Court of Federal Claims if they want to accuse the Trump administration of improperly canceling public health grants issued during the pandemic, the administration told a Washington, D.C., federal judge, in fighting their injunction bid.

  • May 14, 2025

    Labor Groups Sue HHS Over Workplace Safety Agency Cuts

    Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.

  • May 14, 2025

    Keep DOGE Out Of Social Security Data, Unions Tell Justices

    The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.

  • May 14, 2025

    DC Judge Halts Trump Order Axing State Dept. Union Rights

    The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.

  • May 14, 2025

    Black Worker Says GM, UAW Failed To Stop Harassment

    General Motors and United Auto Workers failed to step in after a Black employee complained that a white colleague began stalking her after she started dating her ex-boyfriend and instead forced the Black worker to move departments, a lawsuit filed in New York federal court said.

  • May 14, 2025

    Landlords Detail Policies To Cut After Trump Admin Ask

    Two trade groups for apartment owners requested that federal officials eliminate COVID-19-era eviction restrictions and a framework for accepting emotional support animals, as well as undo appliance efficiency standards, union wage rates and other policies the groups say are holding back multifamily development.

  • May 14, 2025

    USPS Must Cough Up Discipline Data, NLRB Judge Says

    The U.S. Postal Service violated federal labor law by withholding disciplinary records that a union needed to resolve a grievance at a facility in Benton Harbor, Michigan, a National Labor Relations Board judge has ruled, ordering the Postal Service to hand over the records within two weeks.

  • May 14, 2025

    Teamsters Challenge Pilot's Arbitration Bid In Firing Spat

    The International Brotherhood of Teamsters and one of its locals urged an Alaska federal court to toss a pilot's bid to send his claims of unjust firing in front of a commercial airline board for arbitration purposes, saying the Railway Labor Act doesn't give airline employees that option.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    NLRB Urges 11th Circ. To Uphold Religious Jurisdiction Order

    The Eleventh Circuit must uphold a National Labor Relations Board decision finding the board lacked jurisdiction over a Florida Catholic university, the NLRB argued, saying the university met an analysis under agency precedent for deciding whether a school is a religious institution exempt from federal labor law.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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