Labor

  • May 05, 2025

    SEIU Takes NLRB Joint Employer Rule Fight To DC Circ.

    The Service Employees International Union asked the D.C. Circuit to examine the National Labor Relations Board's 2020 joint employer rule, renewing its fight against the employer-friendly board regulation that limited the criteria for finding shared liability.

  • May 05, 2025

    Groups Urge DC Circ. To Halt Noncitizen Registration Rule

    Immigrants rights groups called on the D.C. Circuit to pause the Trump administration's interim final rule requiring all noncitizens to register with the federal government or face criminal prosecution, after a lower court declined to issue a preliminary injunction.

  • May 05, 2025

    Chemical Co. Fights Teamsters' Bid To Toss Suit Over Strike

    An Illinois chemical company is fighting to preserve allegations that a Teamsters local violated federal labor law through aggressive behavior during a strike the company claims was illegal, telling an Illinois federal judge that its amended complaint is strong enough to beat the union's dismissal motion.

  • May 05, 2025

    Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order

    The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.

  • May 05, 2025

    Hotel Management Co. Exits Pension Fund Withdrawal Battle

    A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.

  • May 02, 2025

    NLRB Says Amazon Can't Challenge Captive Audience Ban

    Amazon can't use an appeal of a National Labor Relations Board order to challenge the board's conclusion that so-called captive audience meetings are unlawful, prosecutors told the Eleventh Circuit on Friday, saying the conclusion isn't appealable by Amazon because it wasn't applied to Amazon.

  • May 02, 2025

    DOGE Takes Social Security Data Access Fight To High Court

    The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.

  • May 02, 2025

    NLRB Seeks Bargain Order Against NYC Homeless Nonprofit

    The National Labor Relations Board's Manhattan office urged a New York federal judge to make a nonprofit that operates youth homeless shelters meet a Service Employees International Union affiliate at the bargaining table, claiming the nonprofit's alleged federal labor law violations have harmed workers.

  • May 02, 2025

    DC Circ. Allows Feds To Halt Funding To Int'l Media Outlets

    A D.C. Circuit panel has paused a lower court order that restored federal grant funding to international broadcasters while leaving intact other aspects of a ruling preserving the agency that oversees Voice of America.

  • May 02, 2025

    White House Says Unions Can't Block Columbia Funding Pull

    The Trump administration urged a New York federal judge to reject unions' challenge to the administration's decision to end $400 million in federal money for Columbia University, saying the unions have not shown they have a legal right to the money or that its loss will cause them or their members harm.

  • May 02, 2025

    Layoffs, Grant Cutoffs On Hold At Federal Library Agency

    Employees of the federal agency that provides grants and resources to public libraries can keep their jobs for now, with a federal judge in Washington, D.C., issuing a temporary restraining order blocking a mass layoff scheduled for May 4 from going into effect.

  • May 02, 2025

    Groups Seek Order Halting Trump's Restructuring Of Gov't

    A California district court must stop federal agencies from moving ahead with President Donald Trump's directive to reorganize and terminate government workers, unions and other groups argued, calling for a temporary restraining order based on alleged harms from the administration's "radical restructuring."

  • May 02, 2025

    Calif. Forecast: Delta $12M Meal Breaks Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential preliminary approval of a $12 million deal to resolve a proposed wage and hour class action against Delta Air Lines Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • May 01, 2025

    Union Says Wilcox Ruling Invalidates Amazon Injunction Bid

    Amazon's Constitution-based bid to block a National Labor Relations Board case cannot stand now that the company's argument has been rejected in Washington, D.C., federal court, a Teamsters unit told a California federal judge, pointing to the recent D.C. ruling that board members' job protections are constitutional.

  • May 01, 2025

    Acting NLRB GC Pushes For Drop Of 3 Precedent Fights

    A National Labor Relations Board attorney dropped a trio of requests to overturn board precedents about workplace rules and proof of anti-union bias, saying the move to withdraw these efforts stems from the acting general counsel's walk back of some of his predecessor's memoranda.

  • May 01, 2025

    Software Co. Fights NLRB's Order In Firing Case At DC Circ.

    A Vermont software company is fighting the National Labor Relations Board's finding that it violated federal labor law by firing four workers after a salary spreadsheet circulated at the company, telling the D.C. Circuit that it didn't fire the workers for their legally protected workplace activism but for their hostility toward the company.

  • May 01, 2025

    4th Circ. Skips To Full Review Of DOGE's SSA Access

    The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.

  • May 01, 2025

    9th Circ. Must Not Rethink Macy's Order, NLRB Says

    The National Labor Relations Board urged the Ninth Circuit not to reconsider its enforcement of a board decision requiring Macy's to pay locked out workers for "direct or foreseeable" harms, arguing the NLRB has the power to issue this remedy under federal labor law.

  • April 30, 2025

    Manager's 'Fake Tears' Remark Was Illegal, NLRB Judge Says

    The operator of the Lodi restaurant in Rockefeller Center violated federal labor law when a manager quoted workers' remarks in a chat about her "fake tears," a National Labor Relations Board judge ruled Wednesday, while nixing other allegations, including that management presence illegally increased before a representation vote.

  • April 30, 2025

    Local Gov'ts, Union Seek Block Of COVID Grant Cancellations

    Three cities, a county and a public employees' union asked a Washington, D.C., federal judge Wednesday to block the government from rescinding $11 billion in public health grants doled out through pandemic-era laws, saying the grants weren't intended to stop when the pandemic stopped.

  • April 30, 2025

    AFL-CIO Backs NLRB In Diner's Challenge To In-House Court

    The AFL-CIO has thrown its weight behind the National Labor Relations Board in the agency's opposition to a constitutional challenge filed by a Texas diner, telling the Fifth Circuit that the diner's "radical theory" rests on an argument the U.S. Supreme Court rejected nearly a century ago.

  • April 30, 2025

    DOL, HHS Seek Nix Of Bid To Halt DOGE's Access To Systems

    The U.S. Department of Labor and the U.S. Department of Health and Human Services challenged a bid to halt agencies from giving Elon Musk's Department of Government Efficiency access to sensitive systems, telling a D.C. federal judge that a group of unions didn't show personal information would be leaked.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Starbucks Flouts Labor Law At Philly Cafe, NLRB Judge Says

    Starbucks flouted federal labor law at a Philadelphia store by encouraging workers to report union activity to their managers and by firing two workplace activists over violations of a previously unenforced attendance policy, a National Labor Relations Board judge ruled.

  • April 30, 2025

    Michael Best Gains Higher Ed Leader In Austin From Littler

    Michael Best & Friedrich LLP has deepened its labor and employment practice group with a partner in Austin who also serves as co-chair of the firm's higher education industry team and came aboard from Littler Mendelson PC.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

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