Labor

  • June 13, 2025

    White House Stands By Biden-Era Construction Labor Rule

    The Trump administration clarified that federal agencies should still use project labor agreements on large federal construction projects, weeks after a court vacated two agencies' directives that purported to eliminate this requirement.

  • June 13, 2025

    Oregon Takes Cannabis Labor Peace Row To 9th Circ.

    Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.

  • June 13, 2025

    Colo. Appeals Upholds State Board Rules On Teacher Reviews

    A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.

  • June 13, 2025

    Calif. Forecast: Court Weighs Blocking Trump Bargaining EO

    In the coming week, attorneys should watch for a potential ruling in an attempt by six unions to temporarily block President Donald Trump's executive order that would prohibit collective bargaining agreements at certain federal agencies. Here's a look at that case and other labor and employment matters on deck in California.

  • June 13, 2025

    Ex-Labor Secretary Perez, Now At Mayer Brown, Looks Back

    After joining Mayer Brown last month, former Labor Secretary Tom Perez talked with Law360 Pulse about his latest career move, his efforts to help expand and enforce hate crime laws, and his work for President Joe Biden to promote the Infrastructure Investment and Jobs Act.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

  • June 12, 2025

    6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit

    A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.

  • June 12, 2025

    Calif. Toyota Dealership Challenges NLRB's Constitutionality

    A Toyota dealership in Northern California has become the latest employer to seek an injunction blocking a National Labor Relations Board case, telling a California federal judge that the board lacks the constitutionally sound structure necessary to hear allegations that the dealership flouted federal labor law.

  • June 12, 2025

    Grievance Backlog Not Only Exxon's Fault, NLRB Judge Says

    A National Labor Relations Board judge cleared Exxon Mobil of claims that it mishandled a hefty backlog of grievances, but found the company ducked its obligation to bargain before ending manager fill-in pay for some workers and changing its performance assessments.

  • June 12, 2025

    Mich. Plant Ducks Bargain Order Despite Flouting Labor Law

    The Detroit-area outpost of a Chinese auto parts manufacturer violated federal labor law by telling workers they couldn't talk about unionizing on company time and attempting to influence workers by providing them with a Red Lobster lunch and a free afternoon of bowling, a National Labor Relations Board judge ruled.

  • June 12, 2025

    Labor Group Backs Minn. Misclassification Law At 8th Circ.

    The Eighth Circuit should affirm an order declining to temporarily block a Minnesota law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, a labor organization said, because workers' wages will continue to be eroded without the statute.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    Think Tank Says Ill. 'Captive Audience' Fight Should Proceed

    A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.

  • June 11, 2025

    Calif. Judge Shuts Down Amazon's Bid To Block NLRB Case

    Amazon can't win another attempt to block a National Labor Relations Board proceeding about its alleged unfair labor practices involving delivery drivers in California, a federal judge ruled, saying the company hasn't shown it is experiencing irreparable harm.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

  • June 11, 2025

    Ex-NLRB GC Warns Of More Strikes With Inactive NLRB

    Uncertainty about the long-term stability and independence of the National Labor Relations Board could increase labor unrest and spur workers and unions to take to the picket lines more often, former NLRB general counsel Jennifer Abruzzo told a House panel Wednesday, urging Congress to step in to strengthen the board.

  • June 11, 2025

    Worker Asks NLRB To Rethink Standard Barring Ouster Votes

    Unfair labor practice settlements without admissions clauses must only prevent decertification elections for no longer than six months, a worker represented by the National Right to Work Legal Defense Foundation contended to the NLRB, seeking to overturn agency precedent on what is considered a reasonable time to negotiate a contract.

  • June 11, 2025

    Amazon Union Reps Defend Suit Challenging NYPD Arrests

    Amazon should face claims that it started illegally calling the police on labor demonstrations after its workers' union affiliated with the Teamsters, Amazon Labor Union officials argued, asking a New York federal judge to preserve a lawsuit that also names the New York Police Department as a defendant.

  • June 10, 2025

    Ill. Judge Questions Standing In Biogen Antitrust Suit

    An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.

  • June 10, 2025

    Janitor's Wage Claims Must Head To Arbitration, Judge Says

    A janitor in California must arbitrate her claims that a cleaning services company owed minimum wages and didn't give rest breaks, a federal magistrate judge ruled Tuesday, finding a grievance process in an unsigned collective bargaining agreement still covers the worker's claims.

  • June 10, 2025

    Calif. Driverless Car Bill Shows Path For Unions' Anti-AI Fight

    The Teamsters are backing a California bill that would require self-driving delivery vehicles to run with a human operator, an effort that has drawn opposition from businesses but that the union sees as part of a fight to push back against job-threatening technology.

  • June 10, 2025

    4th Circ. Urged To Back NLRB's Order Against Trucking Co.

    A Virginia trucking company hasn't presented enough evidence to counter the National Labor Relations Board's conclusion that it unlawfully interfered with a union representation election, the board told the Fourth Circuit, asking the court to enforce the board's bargaining order.

  • June 10, 2025

    GM To Drop 'Cockamamie' Fiat Foreign Account Claims

    A Michigan judge indicated Tuesday that he would let General Motors withdraw allegations that Fiat Chrysler held foreign bank accounts in a union bribery scheme suit, and said he'd leave the determination of whether the automaker should be sanctioned for not sharing its evidence supporting those claims for another day. 

  • June 10, 2025

    Union Reaches Tentative Deal To End Video Game Strike

    The Screen Actors Guild-American Federation of Television and Radio Artists has reached a tentative agreement for a union contract that would end a nearly yearlong strike by performers who provide voice-over and acting work for video games, the union announced.

Expert Analysis

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

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