Labor

  • June 04, 2025

    NY Judge Orders Temporary Block On DOL's Job Corps Cuts

    A New York federal judge on Wednesday issued a temporary restraining order to stop the U.S. Department of Labor from eliminating Job Corps, saying the agency can't move ahead with shutting down the more than 60-year-old job training program without approval from Congress.

  • June 04, 2025

    SEIU Shirked Black University Worker's Grievance, Suit Says

    A Service Employees International Union local unlawfully provided a Black former university employee with second-rate representation when he challenged his termination over a minor offense despite aggressively supporting white union members who engaged in more serious misconduct, according to a lawsuit filed in Pennsylvania federal court.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    NLRB Asks 5th Circ. To Enforce Bargaining Order At Nexstar

    The Fifth Circuit must reject Nexstar's challenge to a union's certification representing workers at two television stations in Denver, the National Labor Relations Board argued, saying the company isn't following the agency standard used when an employer wants excluded workers added to a bargaining unit.

  • June 03, 2025

    Is 'Labor Court' Proposal The Antidote To Policy Flips?

    A trio of veteran labor law experts is proposing to turn the National Labor Relations Board into a special labor court, aiming to slow the pace of policy shifts that they warn could get even more rapid if the U.S. Supreme Court strikes down removal protections for board members.

  • June 03, 2025

    Elevator Union Says Misconduct Led To Member Ousting

    Two former members of an elevator operators union didn't support their claims that they were booted from the union for supporting a candidate that the local's president didn't support, the union said, asking a New York federal court to toss the case.

  • June 03, 2025

    NLRB Defends Bargaining Waiver Shift At DC Circuit

    The National Labor Relations Board urged the D.C. Circuit to uphold a ruling that a trash hauler ducked its duty to bargain under a revived test of employers' contractual rights despite the court's well-established qualms with the union-friendly standard the board used the case to return to.

  • June 03, 2025

    WTO Useful For China Enforcement, US Trade Nominee Says

    The U.S. should work with partners at the World Trade Organization to apply further trade pressure on China, making sure the country is complying with rules and trading fairly, a Skadden partner nominated by President Donald Trump to represent the U.S. at the WTO told lawmakers Tuesday.

  • June 03, 2025

    4th Circ. Backs NLRB Order On Trucking Co.'s Union Threat

    The Fourth Circuit has upheld a National Labor Relations Board decision concluding a trucking company in Virginia made an illegal threat to workers in response to a union organizing push, and also clarified what messages from employers are protected under federal labor law.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 02, 2025

    Homeland Security Blocked From Scrapping TSA Union Deal

    A Washington federal judge on Monday blocked the U.S. Department of Homeland Security from scrapping a union deal for Transportation Security Administration workers, saying the American Federation of Government Employees had a "strong" argument that DHS was retaliating for challenging the Trump administration's "attacks on federal workers."

  • June 02, 2025

    Trimmed NLRB Budget Request Portends More Delays

    The National Labor Relations Board has proposed trimming its budget by $14 million and eliminating close to 100 jobs, cuts that experts said will further slow the agency's sluggish case-handling pace if they hold.

  • June 02, 2025

    1st Circ. Largely Backs Convictions For Cop Union Kickbacks

    The First Circuit on Monday mostly upheld the convictions of a former Massachusetts state police union president and a Beacon Hill lobbyist who were found guilty of running a kickback scheme, but ordered new sentencing hearings for them after vacating some of the guilty findings.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • June 02, 2025

    Teamsters Unit's Referral Process Is Illegal, NLRB Judge Says

    A Teamsters local in Virginia violated federal labor law by not using an objective standard when referring drivers to work on film productions, a National Labor Relations Board judge ruled while also finding the union unlawfully refused to refer a worker who filed an unfair labor practice charge against it.

  • June 02, 2025

    Pickle-Maker Must Bargain Over Sale, NLRB Judge Says

    A pickle manufacturer violated federal labor law by not bargaining with a union over the effects of the sale of its retail business and related layoffs, a National Labor Relations Board judge has ruled, rejecting the company's argument that its only bargaining obligations were those in its labor contract.

  • June 02, 2025

    NLRB Tells 5th Circ. To Ding Starbucks For Ex-CEO's Remark

    The Fifth Circuit must find that the National Labor Relations Board rightly concluded former Starbucks CEO Howard Schultz illegally told a pro-union worker they could "go work for another company," the board argued, saying a reasonable employee would consider the remark as a threat.

  • June 02, 2025

    Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute

    A longshoremen's union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.

  • June 02, 2025

    NJ Hospital Retaliated Against Nurses, NLRB Judge Finds

    An acute care hospital must reimburse a group of nurses it put on leave and offer reinstatement to one it fired because the hospital disciplined them in retaliation for their union-protected activities, a National Labor Relations Board judge ruled.

  • May 30, 2025

    Split 9th Circ. Won't Unblock Trump's Gov't Overhaul

    A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.

  • May 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.

  • May 30, 2025

    ​​​​​​​NLRB Memo Details Dropping Of Starbucks Subpoena Case

    Attorneys in the National Labor Relations Board's Division of Advice recommended not pursuing a case accusing Starbucks of issuing overly broad subpoenas and unlawfully questioning witnesses during an unfair labor practice prosecution due to "limited agency resources," according to a memo.

  • May 30, 2025

    NJ Panel Upholds Unemployment Benefits Claims For Strikers

    A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a concrete manufacturing company who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision. 

  • May 30, 2025

    Sikorsky Aircraft Workers Can't Back Bias Claims, Court Told

    Two Black ex-employees should lose their federal racial discrimination lawsuit against Sikorsky Aircraft Corp. because one was fired for stealing time, and the other has shown "no evidence of any adverse employment action," the company said in seeking summary judgment Thursday.

  • May 30, 2025

    Justices' Stay Doesn't Change Case, Wilcox Tells DC Circ.

    The U.S. Supreme Court's recent ruling to stay an order reinstating fired National Labor Relations Board member Gwynne Wilcox doesn't preclude the D.C. Circuit from finding NLRB members fit an exception to the president's firing power, Wilcox told an appeals panel.

Expert Analysis

  • 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.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

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