Labor

  • May 05, 2025

    4th Circ. Seems Split On Fight Over DOGE's Data Access

    The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

  • May 05, 2025

    SEIU Takes NLRB Joint Employer Rule Fight To DC Circ.

    The Service Employees International Union asked the D.C. Circuit to examine the National Labor Relations Board's 2020 joint employer rule, renewing its fight against the employer-friendly board regulation that limited the criteria for finding shared liability.

  • May 05, 2025

    Groups Urge DC Circ. To Halt Noncitizen Registration Rule

    Immigrants rights groups called on the D.C. Circuit to pause the Trump administration's interim final rule requiring all noncitizens to register with the federal government or face criminal prosecution, after a lower court declined to issue a preliminary injunction.

  • May 05, 2025

    Chemical Co. Fights Teamsters' Bid To Toss Suit Over Strike

    An Illinois chemical company is fighting to preserve allegations that a Teamsters local violated federal labor law through aggressive behavior during a strike the company claims was illegal, telling an Illinois federal judge that its amended complaint is strong enough to beat the union's dismissal motion.

  • May 05, 2025

    Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order

    The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.

  • May 05, 2025

    Hotel Management Co. Exits Pension Fund Withdrawal Battle

    A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.

  • May 02, 2025

    NLRB Says Amazon Can't Challenge Captive Audience Ban

    Amazon can't use an appeal of a National Labor Relations Board order to challenge the board's conclusion that so-called captive audience meetings are unlawful, prosecutors told the Eleventh Circuit on Friday, saying the conclusion isn't appealable by Amazon because it wasn't applied to Amazon.

  • May 02, 2025

    DOGE Takes Social Security Data Access Fight To High Court

    The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.

  • May 02, 2025

    NLRB Seeks Bargain Order Against NYC Homeless Nonprofit

    The National Labor Relations Board's Manhattan office urged a New York federal judge to make a nonprofit that operates youth homeless shelters meet a Service Employees International Union affiliate at the bargaining table, claiming the nonprofit's alleged federal labor law violations have harmed workers.

  • May 02, 2025

    DC Circ. Allows Feds To Halt Funding To Int'l Media Outlets

    A D.C. Circuit panel has paused a lower court order that restored federal grant funding to international broadcasters while leaving intact other aspects of a ruling preserving the agency that oversees Voice of America.

  • May 02, 2025

    White House Says Unions Can't Block Columbia Funding Pull

    The Trump administration urged a New York federal judge to reject unions' challenge to the administration's decision to end $400 million in federal money for Columbia University, saying the unions have not shown they have a legal right to the money or that its loss will cause them or their members harm.

  • May 02, 2025

    Layoffs, Grant Cutoffs On Hold At Federal Library Agency

    Employees of the federal agency that provides grants and resources to public libraries can keep their jobs for now, with a federal judge in Washington, D.C., issuing a temporary restraining order blocking a mass layoff scheduled for May 4 from going into effect.

  • May 02, 2025

    Groups Seek Order Halting Trump's Restructuring Of Gov't

    A California district court must stop federal agencies from moving ahead with President Donald Trump's directive to reorganize and terminate government workers, unions and other groups argued, calling for a temporary restraining order based on alleged harms from the administration's "radical restructuring."

  • May 02, 2025

    Calif. Forecast: Delta $12M Meal Breaks Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential preliminary approval of a $12 million deal to resolve a proposed wage and hour class action against Delta Air Lines Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • May 01, 2025

    Union Says Wilcox Ruling Invalidates Amazon Injunction Bid

    Amazon's Constitution-based bid to block a National Labor Relations Board case cannot stand now that the company's argument has been rejected in Washington, D.C., federal court, a Teamsters unit told a California federal judge, pointing to the recent D.C. ruling that board members' job protections are constitutional.

  • May 01, 2025

    Acting NLRB GC Pushes For Drop Of 3 Precedent Fights

    A National Labor Relations Board attorney dropped a trio of requests to overturn board precedents about workplace rules and proof of anti-union bias, saying the move to withdraw these efforts stems from the acting general counsel's walk back of some of his predecessor's memoranda.

  • May 01, 2025

    Software Co. Fights NLRB's Order In Firing Case At DC Circ.

    A Vermont software company is fighting the National Labor Relations Board's finding that it violated federal labor law by firing four workers after a salary spreadsheet circulated at the company, telling the D.C. Circuit that it didn't fire the workers for their legally protected workplace activism but for their hostility toward the company.

  • May 01, 2025

    4th Circ. Skips To Full Review Of DOGE's SSA Access

    The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.

  • May 01, 2025

    9th Circ. Must Not Rethink Macy's Order, NLRB Says

    The National Labor Relations Board urged the Ninth Circuit not to reconsider its enforcement of a board decision requiring Macy's to pay locked out workers for "direct or foreseeable" harms, arguing the NLRB has the power to issue this remedy under federal labor law.

  • April 30, 2025

    Manager's 'Fake Tears' Remark Was Illegal, NLRB Judge Says

    The operator of the Lodi restaurant in Rockefeller Center violated federal labor law when a manager quoted workers' remarks in a chat about her "fake tears," a National Labor Relations Board judge ruled Wednesday, while nixing other allegations, including that management presence illegally increased before a representation vote.

  • April 30, 2025

    Local Gov'ts, Union Seek Block Of COVID Grant Cancellations

    Three cities, a county and a public employees' union asked a Washington, D.C., federal judge Wednesday to block the government from rescinding $11 billion in public health grants doled out through pandemic-era laws, saying the grants weren't intended to stop when the pandemic stopped.

  • April 30, 2025

    AFL-CIO Backs NLRB In Diner's Challenge To In-House Court

    The AFL-CIO has thrown its weight behind the National Labor Relations Board in the agency's opposition to a constitutional challenge filed by a Texas diner, telling the Fifth Circuit that the diner's "radical theory" rests on an argument the U.S. Supreme Court rejected nearly a century ago.

  • April 30, 2025

    DOL, HHS Seek Nix Of Bid To Halt DOGE's Access To Systems

    The U.S. Department of Labor and the U.S. Department of Health and Human Services challenged a bid to halt agencies from giving Elon Musk's Department of Government Efficiency access to sensitive systems, telling a D.C. federal judge that a group of unions didn't show personal information would be leaked.

  • 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.

Expert Analysis

  • 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.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

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