Labor

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    Hotel Defends NLRB Judge's Support For Customer Rule

    A National Labor Relations Board judge properly tossed a former Miami Beach hotel worker's claim that the hotel maintained an unlawful rule pertaining to communications with customers, the employer told the NLRB, asking the board to affirm the judge's dismissal of the case.

  • July 09, 2025

    NYC Homelessness Nonprofit Denied NLRB Injunction Hearing

    A New York City nonprofit that operates youth homeless shelters was denied its request for discovery and a hearing as part of an injunction bid it faces from the National Labor Relations Board, a federal judge ruled, finding relevant evidence would not arise from such proceedings.

  • July 08, 2025

    Chicago Nabs Early Win In City Workers' Genetic Bias Suit

    The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.

  • July 08, 2025

    Judge Halts Plan To Slash AmeriCorps Workforce, Funding

    A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.

  • July 08, 2025

    Fired FLRA Member Asks DC Circ. To Ax Stay Of Rehire Order

    A District of Columbia Circuit panel erred last week by blocking a court order that had reinstated a fired Federal Labor Relations Authority member in March, the member told the full D.C. Circuit, asking the court to reverse the block and let her keep her job.

  • July 08, 2025

    DC Circ. Says Teacher's Settlement Didn't Guarantee Rehiring

    The D.C. Circuit refused to reopen a teacher's lawsuit claiming D.C. Public Schools violated an agreement settling sexual harassment allegations when it declined to rehire him, ruling Tuesday the pact only guaranteed that he would be allowed to reapply for teaching jobs.

  • July 08, 2025

    Suits Test States' Power To Regulate Farm Labor

    The farmworker unionization schemes in California and New York are under threat as groups of workers join growers in probing the courts' appetite to limit states' powers to give farmworkers the rights to unionize and collectively bargain.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

  • July 08, 2025

    NLRB Defends Multiemployer Talks Ruling At 6th Circ.

    The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    MLB Pension Plan Says Spouse Of 7 Weeks Doesn't Qualify

    Major League Baseball's pension plan doubled down Monday on its argument that a woman who married a retired Cincinnati Reds pitcher seven weeks before he died cannot collect surviving spouse benefits, saying marriages must last a year for spouses to qualify.

  • July 07, 2025

    5 Labor Cases To Watch In The 2nd Half Of 2025

    The second half of the year could be consequential for labor law practitioners as courts consider challenges to National Labor Relations Board rulings easing bargaining orders and limiting how employers can respond to union election campaigns. Here, Law360 looks at these and other cases to watch in the second half.

  • July 07, 2025

    Plumbers Union Pushes NLRB To Allow 2nd Vote

    A plumbers union called for the National Labor Relations Board to uphold a regional director's order for a second representation vote, arguing a family-owned company in Kentucky committed federal labor law violations warranting another vote.

  • July 07, 2025

    Ex-Driver Says Firing Suit Against Co., Union Must Proceed

    A former bread deliveryman was following his employer's rules when he refused to make a delivery that would have been unsafe because of road conditions, the deliveryman told an Ohio federal judge, asking her to preserve his lawsuit against his former employer and union.

  • July 07, 2025

    ​​​​​​​Gov't Says OPM Didn't Order Probationary Worker Firings

    The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    No NLRB Quorum Means No Union Certification, Co. Argues

    A cargo handling contractor at the Cleveland airport is fighting its employees' unionization, asking a National Labor Relations Board official to reconsider her decision to certify an International Association of Machinists local as the workers' bargaining representative.

  • July 07, 2025

    More NY Public Interest Attys And Advocates Authorize Strikes

    Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.

  • July 03, 2025

    Elevator Workers Fight Dismissal Of Union Retaliation Suit

    A New York federal judge should preserve claims that a New York City elevator workers' union unlawfully ousted one business agent and demoted another after they supported a business agent candidate that the union's president opposed, the men argued, saying the record shows the union's actions were politically motivated.

  • July 03, 2025

    Longshoreman Seeks TRO To Halt Union's Alleged Retaliation

    An International Longshoremen's Association member in Miami sought an order blocking the union from retaliating against him, telling a Florida federal judge that the union is "weaponizing" the grievance process because he backed an opposing slate in internal officer elections.

  • July 03, 2025

    CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.

    The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.

  • July 03, 2025

    Labor Official's Firing Stands After DC Circ. Steps In

    A D.C. Circuit panel stayed an order Thursday reinstating a fired member of a panel that decides federal agencies' union disputes in line with a U.S. Supreme Court order freezing out two fired leaders of other labor agencies.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

Expert Analysis

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

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