Labor

  • April 25, 2025

    Employer-Side Ties May Pose Conflicts For NLRB GC Pick

    National Labor Relations Board general counsel nominee Crystal Carey has taken some criticism for her employment with Morgan Lewis & Bockius LLP, a prominent management-side firm that represents big-name clients before the board. Here, Law360 explores federal officials' ethics obligations and what they may mean for Carey's potential role as the labor board's next top cop. 

  • April 25, 2025

    Judge Blocks Trump Order Limiting Fed. Worker Bargaining

    A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.

  • April 25, 2025

    Feds Fight Unions' Bid To Reverse Cuts To FMCS

    A group of unions lack standing to ask a New York federal judge to reverse staffing cuts and field office closures at the Federal Mediation and Conciliation Service, the federal government has argued, opposing the group's bid for an injunction undoing the shrinkage of the labor-management dispute resolution agency.

  • April 25, 2025

    Local Gov'ts, Union Sue Over COVID Grant Cancellations

    Four local governments have joined with a government employees union to challenge the federal government's termination of $11 billion in grants stemming from the COVID-19 pandemic, seeking an injunction restoring the funds and a declaration that the decision to mass-terminate the grants was unlawful.

  • April 25, 2025

    Mich. Co. Challenges Acting NLRB GC's 'Procedural Ambush'

    A Detroit water infrastructure company accused the National Labor Relations Board's acting general counsel of a "procedural ambush" when his office asked to pursue "direct or foreseeable" harms under the board's Thryv decision, saying the counsel's request to revise an exception filed by agency prosecutors came nearly three years late.

  • April 25, 2025

    Calif. Forecast: Workday AI Bias Suit Up For Class Cert.

    In the coming week, attorneys should watch for arguments regarding conditional collective certification in a discrimination suit against Workday Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • April 25, 2025

    Teachers Union Blocks Feds From Freezing Funds Over DEI

    The federal government can't revoke funding from schools associated with the National Education Association and two other educator groups because of the institutions' diversity, equity and inclusion policies, a New Hampshire federal judge ruled, saying the organizations will likely succeed in their suit claiming government guidance was unlawfully vague.

  • April 25, 2025

    NY Forecast: 2nd Circ. Hears Suit Over Contract Translation

    This week, the Second Circuit will consider whether to revive a lawsuit brought by a former New York City day care center worker who claims he was denied overtime pay under state and federal law.

  • April 24, 2025

    Skadden Meddled With Internal Trump Deal Talk, NLRB Told

    A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.

  • April 24, 2025

    Imaging Nurses Can Join Nurses Union At Minn. Hospital

    Three nurses who work in a Minnesota hospital's cardiovascular imaging department can vote on joining the union that represents the hospital's other 1,300 nurses, a National Labor Relations Board official has ruled, setting an election for later this month.

  • April 24, 2025

    Union Challenges Treasury's Suit Over CBA Executive Order

    A National Treasury Employees Union affiliate urged a Kentucky federal judge Thursday not to find the U.S. Department of the Treasury can lawfully terminate its labor contracts with the national union, arguing the district court does not have jurisdiction and the agency can't request an advisory opinion.

  • April 24, 2025

    Former NLRB Member And Veteran Atty Emanuel Dies

    William Emanuel, a former National Labor Relations Board member and veteran management-side labor attorney, has died, a friend and management bar colleague told Law360.

  • April 24, 2025

    7th Circ. Backs Employers In Pension Fund Withdrawal Fight

    The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.

  • April 24, 2025

    SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case

    SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.

  • April 24, 2025

    Construction Co. Tells 6th Circ. To Void NLRB's Bargain Order

    A construction company disputed the National Labor Relations Board's interpretation of a nearly 70-year-old board precedent when finding an International Union of Operating Engineers local timely withdrew from multiemployer bargaining, telling the Sixth Circuit the company lawfully locked out employees to push the union to negotiate.

  • April 24, 2025

    Puerto Rico Janitor Co. Withheld Info, NLRB Judge Says

    A janitorial company that serves two Veterans Administration hospitals in Puerto Rico violated federal labor law by failing to give its employees' union information about workers' schedules, pay and time off, a National Labor Relations Board judge ruled.

  • April 23, 2025

    GAO Won't Rethink Denial Of Army Corps Contract Challenge

    The Government Accountability Office has dismissed a Georgia-based construction contractor's request to reconsider its January decision rejecting its challenge to the U.S. Army Corps of Engineers' denial of its building repair contract proposal.

  • April 23, 2025

    Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told

    The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.

  • April 23, 2025

    UAW Southern Organizing Bid Could Depend On VW Talks

    The United Auto Workers' campaign to organize automakers in the South appears to have hit a roadblock in the year since the union notched a landmark representation election victory at a Volkswagen plant in Tennessee, but experts said reaching a strong contract there could help jump-start the union's ambitions.

  • April 23, 2025

    Trump, OPM Say Unions Are 'Bystanders' In Schedule F Row

    A D.C. federal judge must not disturb President Donald Trump's executive order aimed at making it easier to fire career federal employees, the government argued in a motion to dismiss, saying two unions that brought the challenge lack standing and their allegations are unripe for the court.

  • April 23, 2025

    Teamsters' Raise Fight With Rail Operator Sent To Arbitration

    An arbitration board must clarify the meaning of "economic value" in a 2021 award before a Massachusetts federal judge can enforce it, the judge held, saying a definition is necessary to determine the obligations the award places on a Boston commuter rail operator that is feuding with the Teamsters.

  • April 23, 2025

    NLRB Defends Rehiring Order For Diner At 5th Circ.

    A National Labor Relations Board judge's conclusion that an '80s-themed diner in Houston needs to reinstate the eight employees it fired following a strike falls within make-whole remedies, the board said, urging the Fifth Circuit to enforce the order.

  • April 23, 2025

    5th Circ. Nixes Order Letting Union Join NLRB Challenge

    The Fifth Circuit has walked back an order allowing the Office and Professional Employees International Union to intervene in a high-profile case challenging the National Labor Relations Board's constitutionality, saying the union's interests are adequately spelled out in its amicus brief and represented by the board.

  • April 23, 2025

    GOP Leader Proposes Modernizing Contractor Rules

    U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.

  • April 23, 2025

    Nexstar Disputes NLRB's Colo. TV Stations Order At 5th Circ.

    Nexstar Media Group Inc. urged the Fifth Circuit to find that the National Labor Relations Board wrongly certified representation election results for a smaller bargaining unit at two television stations in Denver, raising arguments about deference to the board and claims that a union's actions unfairly influenced the vote.

Expert Analysis

  • Takeaways From NLRB's New Workplace Rule Standards

    Author Photo

    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

    Author Photo

    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

    Author Photo

    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

    Author Photo

    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

    Author Photo

    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

    Author Photo

    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

    Author Photo

    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

    Author Photo

    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

    Author Photo

    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

    Author Photo

    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

    Author Photo

    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

    Author Photo

    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.