Labor

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Starbucks Flouts Labor Law At Philly Cafe, NLRB Judge Says

    Starbucks flouted federal labor law at a Philadelphia store by encouraging workers to report union activity to their managers and by firing two workplace activists over violations of a previously unenforced attendance policy, a National Labor Relations Board judge ruled.

  • April 30, 2025

    Michael Best Gains Higher Ed Leader In Austin From Littler

    Michael Best & Friedrich LLP has deepened its labor and employment practice group with a partner in Austin who also serves as co-chair of the firm's higher education industry team and came aboard from Littler Mendelson PC.

  • April 30, 2025

    Bipartisan House Members Pitch Expanded Paid Family Leave

    A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.

  • April 29, 2025

    USPTO Flouted Labor Law At Examiner Meeting, Union Says

    The labor union representing the federal government's patent examiners has filed a formal complaint alleging a representative for the union was blocked from being able to talk at a meeting between the workers and the federal patent office.

  • April 29, 2025

    Joann Floats $1.3M Ohio Closure Deal With Union Workers

    Bankrupt crafting supply seller Joann Inc. proposed a deal on Monday with unionized workers at an Ohio distribution facility that will pay $1.3 million in severance and unused time-off payments for staying at work until the facility is closed.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    Exxon, USW Settle Texas Court Case About Grievance Spat

    Exxon Mobil and a United Steelworkers local ended the oil giant's Texas federal court dispute aiming to halt the union from relitigating an issue about the automatic granting of grievances, with a judge approving the parties' request to toss the case.

  • April 29, 2025

    Trump Can't Reorganize Gov't Without Congress, Groups Say

    President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.

  • April 29, 2025

    Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.

    A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.

  • April 29, 2025

    Union Fights Vegas Casino Co.'s Bid To Block NLRB Cases

    A union is fighting Station Casinos LLC's argument that the National Labor Relations Board lacks the authority to prosecute the company for violating labor law, telling a Nevada federal judge that Station's constitutional challenge to the board's structure is an attempt to evade responsibility for its illegal anti-union tactics.

  • April 29, 2025

    Federal Defenders Of NY Staff Announce Union Drive

    Staff members at the Federal Defenders of New York have announced their plans to join their attorney colleagues as members of the Association of Legal Advocates and Attorneys.

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 28, 2025

    Judge Says Trump Lacked Power To Erase Bargaining Rights

    A Washington, D.C., federal judge on Monday explained his rationale for blocking President Donald Trump's effort to end collective bargaining for certain federal workers last week, saying that it's likely the president doesn't have the authority to exclude a slew of federal agencies from the Federal Service Labor-Management Relations Statute.

  • April 28, 2025

    Exxon Asks Full 5th Circ. To Rethink NLRB Flip In Labor Case

    An ExxonMobil unit Monday urged the full Fifth Circuit to undo a panel of judges' decision backing the National Labor Relations Board in holding the company liable for unfair labor practices despite the board freeing it from allegations years prior, warning of a "politicization" of federal labor laws.

  • April 28, 2025

    DC Circ. Restores Ban On CFPB Mass Layoffs Amid Appeal

    A D.C. Circuit panel said Monday that the Consumer Financial Protection Bureau must refrain for now from mass employee firings, backtracking from a prior decision that the Trump administration had used to attempt a now-suspended layoff of nearly all the agency's staff.

  • April 28, 2025

    3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row

    The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.

  • April 28, 2025

    Judge 'Commandeered' VOA, DC Circ. Told

    The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.

  • April 28, 2025

    HCA Florida Hospitals Ordered To Arbitrate SEIU's Grievances

    A group of 17 HCA Florida hospitals must go before an arbitrator to resolve a Service Employees International union affiliate's grievances about legal fees tied to a dues deduction dispute, a federal judge ruled Monday, finding the grievances fall under an arbitration provision in the parties' labor contracts.

  • April 28, 2025

    Amazon Defends Firings, Disciplines Amid Ky. Union Drive

    Amazon didn't violate federal labor law by firing and disciplining workers while a union organizing effort was taking off at a facility near the Cincinnati/Northern Kentucky International Airport, the e-commerce giant argued, alleging National Labor Relations Board attorneys are seeking an unconstitutional nationwide notice-reading remedy.

  • April 28, 2025

    9th Circ. Backs Vegas Hotel In Ex-Worker's Disability Bias Suit

    The Ninth Circuit on Monday refused to reopen a former bartender's lawsuit alleging a Las Vegas hotel forced her to take leave and eventually fired her for tremors caused by her cancer treatment, saying she hadn't provided enough evidence to back up her claims.

  • April 28, 2025

    Unions Tell Judge To Stop DOGE's Federal Personnel Probe

    A New York federal judge should block the U.S. Office of Personnel Management from disclosing information about federal employees to Elon Musk's Department of Government Efficiency, three unions argued in an updated injunction request, saying their position is stronger now that the judge denied the government's dismissal bid.

  • April 28, 2025

    No Harm Shown Over DOGE Access To Tax Data, US Says

    The U.S. government asked a D.C. federal court to throw out four organizations' bid to keep the White House's Department of Government Efficiency from accessing confidential taxpayer data, saying their suit fails to show injury to the groups' members.

  • April 28, 2025

    Trump Fights Foreign Service Union's Injunction Bid

    President Donald Trump disputed the American Foreign Service Association's injunction bid to block portions of his executive order that gutted collective bargaining rights for federal workers, telling a D.C. federal judge the union could still receive dues and represent employees in the grievance process.

  • April 28, 2025

    NLRB's Retreat Doesn't Moot Constitution Suit, DC Circ. Told

    Two Starbucks workers seeking to void National Labor Relations Board members' job protections urged the D.C. Circuit to keep a challenge to their suit's dismissal alive over the objections of the board, which argued its acceptance of the workers' argument moots the case.

Expert Analysis

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

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