Labor

  • August 20, 2025

    5th Circ. SpaceX Case Gives Employers Path To Block NLRB

    The Fifth Circuit's decision upholding injunctions against three National Labor Relations Board prosecutions after finding the agency's structure is likely unconstitutional will open an avenue for employers to fend off agency proceedings, experts said, but with the U.S. Supreme Court expected to weigh in, its impact could be short-lived.

  • August 20, 2025

    NAACP, Unions Lose Bid To Stop Education Dept. Closure

    The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.

  • August 20, 2025

    Jury Properly Instructed In AFGE Officer Feud, DC Circ. Says

    An ousted American Federation of Government Employees officer must accept a jury's conclusion that the union lawfully removed him from his position as national secretary-treasurer in 2018, a D.C. Circuit panel said, denying his bid for a new trial.

  • August 20, 2025

    Construction Co. Asks 6th Circ. To Ax NLRB's Contempt Bid

    A construction company challenged the National Labor Relations Board's claim that the business hasn't fully complied with a Sixth Circuit enforcement ruling regarding a union's information request, arguing the board's decision lacked specifics to warrant contempt proceedings.

  • August 20, 2025

    ​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey

    A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.

  • August 19, 2025

    Nurses Say They Were Underpaid, Overworked At Hospital

    A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.

  • August 19, 2025

    Agencies' Union Rebukes Add Urgency To Challenges

    Federal agencies are stripping their workers of labor rights after courts provisionally blessed an executive order excusing the agencies from bargaining in the name of national security, though much remains to resolve in a growing pile of union challenges to the president's order.

  • August 19, 2025

    Nonprofits, Union Fight Withholding Of AmeriCorps Funds

    A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

  • August 19, 2025

    Mill Owner Must Face USW Arbitration Bid, But Not Parent Co.

    The parent company of a Wisconsin paper mill's owner has escaped the United Steelworkers' claim that it must arbitrate a subcontracting grievance filed against the mill's former owner, with a Wisconsin federal judge ruling that only the current owner needs to deal with the grievance.

  • August 19, 2025

    Alcoa Retirees Ask 7th Circ. To Back Lifetime Benefits Order

    A group of retirees and the United Steelworkers urged the Seventh Circuit not to pause a lower court's order requiring Alcoa USA Corp. to reinstate lifetime access to a healthcare plan, raising concerns about elderly retirees dying and not receiving benefits.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    5th Circ. Says NLRB Structure Likely Unconstitutional

    The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

  • August 18, 2025

    Unions Attack Gov't's Bid To Nix Federal Firings Dispute

    Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.

  • August 18, 2025

    Respecting Picket Wasn't A Strike, Teamsters Local Tells Court

    Airgas' collective bargaining agreement with a Teamsters local in Allentown, Pennsylvania, protects its workers' right to respect picket lines, the local told a Pennsylvania federal judge Monday, asking him to toss the gas supplier's claim that the workers' refusal to cross a picket line was a strike that violated the contract.

  • August 18, 2025

    Amazon Surveilled Workers At Ky. Air Hub, NLRB Judge Says

    Amazon violated federal labor law by threatening workers and cracking down on union displays in response to an organizing campaign at its Kentucky air hub, a National Labor Relations Board judge ruled Monday, saying the company did not have legitimate business reasons for taking the action.

  • August 18, 2025

    AmeriCorps Restores $400M In Slashed Grants, Judge Told

    AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.

  • August 18, 2025

    NorCal Kaiser Health Tech Workers Can Vote On Union

    Six employees who oversee healthcare technology at Kaiser Permanente's Northern California facilities can vote on union representation, a National Labor Relations Board official has said, rejecting the healthcare giant's argument that the cybersecurity aspect of the workers' jobs makes them union-ineligible security guards.

  • August 18, 2025

    Illinois Court Reverses Labor Board In Tuition Waiver Dispute

    An Illinois appellate panel on Friday reversed a labor board's finding that Governors State University failed to bargain over a change to a policy that allowed its union-backed academic employees to complete some classes at participating universities with tuition and fees waived, saying the decision to discontinue those waivers was made by the other schools.

  • August 15, 2025

    NLRB Attys Add To Wells Fargo Case Seeking Cemex Order

    National Labor Relations Board prosecutors amended an unfair labor practice case seeking a Cemex bargaining order against Wells Fargo, according to a copy of the complaint obtained by Law360 on Friday, adding a claim that the bank illegally disciplined a union supporter.

  • August 15, 2025

    8th Circ. Used Wrong Analysis In Starbucks Spat, NLRB Says

    An Eighth Circuit panel must reconsider its decision to vacate a National Labor Relations Board ruling about a Starbucks manager's remarks during a union organizing drive, the board argued, claiming the panel did not apply the proper test for reviewing threats about wages and benefits.

  • August 15, 2025

    Split DC Circ. Says Federal Union Not Immune From Bias Suit

    A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom. 

  • August 15, 2025

    AFA-CWA Fights SkyWest Group's Counterclaims

    The Association of Flight Attendants, a union organizer and a group of current and former SkyWest flight attendants have asked a Utah federal judge to toss most of the counterclaims in their suit accusing the airline of undermining a union drive, saying the SkyWest Inflight Association can't substantiate its allegations against them.

  • August 15, 2025

    NLRB Top Cop Says States Can't Act As Agency Stand-In

    The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.

  • August 15, 2025

    Calif. Forecast: 9th Circ. Hears Federal Worker Firings Fight

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case challenging federal layoffs that paid a visit to the U.S. Supreme Court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 15, 2025

    NY Forecast: Class Cert. Args. In Bloomberg Pay Bias Case

    This week, a New York federal magistrate judge will hear arguments over a bid to certify a class of female former employees at Bloomberg LP who claim they were systematically paid less than their male counterparts.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

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