Labor

  • 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.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Teamsters Unit Beats Suit Over Honoring Picket Lines

    Allegations that a Teamsters local in Washington state breached labor agreements by encouraging drivers it represented not to cross picket lines during a strike don't hold water, a federal judge ruled, rejecting a construction company's broad interpretation of these pacts.

  • July 03, 2025

    Casino Must Rehire Cook, But Bartender Dismissals OK

    A Las Vegas Strip casino was within its rights to fire two bartenders but violated labor law by firing a cook, a National Labor Relations Board judge ruled, finding the casino discharged the bartenders for a legitimate reason but fired the cook because he spoke out about working conditions.

  • July 03, 2025

    Wilcox Saga Holds Labor Spotlight Entering 2nd Half Of 2025

    National Labor Relations Board member Gwynne Wilcox's firing has disabled key functions at the agency charged with overseeing worker organizing and labor relations in much of the private sector, and her challenge to the unprecedented removal could upend a pillar of administrative law. Here, Law360 explores the biggest labor story of the year so far.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Justices Clarify Question Underlying Withdrawal Liability Case

    The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.

  • July 02, 2025

    Teamsters Say Kroger Must Arbitrate Health Insurance Dispute

    A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.

  • July 02, 2025

    Trump Federal Worker Policy Tested Unions In 2025's 1st Half

    Since returning to the White House in January, President Donald Trump has taken a number of actions to pare back the U.S. government workforce, including widespread layoffs and agency restructurings, but federal workers' unions have sought to curb those efforts by filing a flood of lawsuits — with mixed results.

  • July 02, 2025

    NLRB GC Accuses Starbucks Of 'Nationwide' Anti-Union Effort

    National Labor Relations Board prosecutors claimed Starbucks deployed a "nationwide strategy to crush" unionization efforts in challenging an agency judge's denial of remedies, arguing that the board must find the coffee giant illegally fired five workers who went inside a South Carolina store after hours to clean it.

Expert Analysis

  • 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.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Trump Presidency May Influence NLRB's Next Phase

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    Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.

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