Labor

  • July 01, 2025

    NLRB Nominations Fight Expected In Second Half Of 2025

    The National Labor Relations Board has spent most of the first half of 2025 without a quorum, and while experts expect President Donald Trump to name nominees soon, competing visions for labor policy within the Republican Party might complicate their paths to confirmation. 

  • July 01, 2025

    DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal

    A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

  • July 01, 2025

    NLRB Advice Finds Worker's Secret Recording Was Illegal

    A supermarket in California lawfully fired an employee for secretly recording a colleague, a National Labor Relations Board attorney said in a memorandum, determining the terminated worker's actions lost federal labor law protection.

  • July 01, 2025

    Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views

    A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.

  • July 01, 2025

    HomeSafe Layoffs After Lost DOD Contract Spur Suit

    A Georgia man hit KBR Inc. and HomeSafe Alliance LLC with a proposed class action alleging that they failed to provide notice before terminating some 200 employees after the U.S. government scrapped a moving services contract worth up to $20 billion for performance troubles.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

  • June 30, 2025

    Transport Co. Jointly Employs Operators, NLRB Officer Says

    A contractor operating rental car shuttle services at George Bush Intercontinental Airport in Houston and a staffing firm are joint employers of workers seeking Teamsters representation, a National Labor Relations Board regional director concluded, finding the transportation company has power over some key employment terms.

  • June 30, 2025

    Union Calls For NLRB To Order 2nd Vote At NYC Restaurant

    The National Labor Relations Board must order a rerun representation election at Lodi, a restaurant in Manhattan's Rockefeller Center, a union argued, saying an agency judge was "badly mistaken" when he concluded some federal labor violations did not warrant a second vote.

  • June 30, 2025

    NY Legal Services Union Chapters Authorize Strikes

    Two chapters of the Association of Legal Aid Attorneys held practice pickets on Monday afternoon after voting to authorize a strike as members across New York City approach the end of their collective bargaining agreements.

  • June 30, 2025

    NLRB Official OKs Union Vote For Penn Postdocs

    A National Labor Relations Board official has approved an election for about 1,500 postdoctoral fellows and research assistants at the University of Pennsylvania to vote on representation by the United Auto Workers, rejecting the university's contention that they were ineligible to unionize under federal labor law.

  • June 30, 2025

    Justices Will Review Union Fund's Withdrawal Liability Math

    The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.

  • June 27, 2025

    NLRB Seeks Longer Hotel Injunction Due To Lack Of Quorum

    The National Labor Relations Board asked a New Jersey federal judge Friday to extend an injunction that requires a Marriott-affiliated hotel to recognize a union and reinstate six workers, saying it can't resolve an administrative case at the moment due to the board's lack of a quorum.

  • June 27, 2025

    DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case

    The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.

  • June 27, 2025

    As Feds' Bargaining Mediator Ails, New Services Emerge

    As uncertainty looms over the future of the federal mediation agency that employers and unions often rely on to break bargaining standoffs, a few states and private institutions are seeking to fill in the gaps with new or expanded services.

  • June 27, 2025

    Judge Lets DOGE Access Go On But Cites 'Grave' Concerns

    A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.

  • June 27, 2025

    7th Circ. Says Union Backed Worker Who Claimed Bias

    The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.

  • June 27, 2025

    News Union Backs NLRB's Subpoena Scrutiny At 5th Circ.

    The NewsGuild asked the Fifth Circuit to enforce a National Labor Relations Board ruling that Starbucks sent overbroad subpoenas to two California workers, saying the subpoenas wrongfully requested communications between workers and the media.

  • June 27, 2025

    Acting NLRB GC Says Secret Taping Of Negotiations Is Illegal

    The National Labor Relations Board's acting general counsel laid out his theory for why secretly recording parties at the negotiating table is unlawful, saying the act of taping these discussions is bad faith bargaining under federal labor law.

  • June 27, 2025

    Calif. Forecast: Staffing Co. Wants Discrimination Case Axed

    In the coming week, attorneys should keep an eye out for arguments in a staffing company's renewed attempt to toss a disability discrimination case. Here's a look at that case and other labor and employment matters coming up in California.

  • June 26, 2025

    NY Looks To Snuff Out Pot Shop's Labor Peace Law Spat

    New York cannabis regulators fought a dispensary operator's challenge to a state law making companies sign on to labor peace agreements with unions to have a license, telling a federal judge Thursday that the business can't show harm from the pact because it doesn't have employees.

  • June 26, 2025

    Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling

    Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."

Expert Analysis

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

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