Labor

  • May 19, 2025

    Employers Expect NLRB GC Memo To Ease Settlement Talks

    Acting National Labor Relations Board general counsel William Cowen has loosened requirements for board officials to approve settlements of unfair labor practice allegations, reversing course from his predecessor's approach in a memo that experts said will likely ease deal negotiations.

  • May 19, 2025

    Symphony Tells 11th Circ. NLRB's Impasse Order Can't Stand

    The Eleventh Circuit must not defer to the National Labor Relations Board's credibility conclusions in finding that a Florida symphony wasn't at an impasse when it implemented a final bargaining offer, the symphony contended, saying the board wrongly disregarded an agency judge's determinations about the facts.

  • May 19, 2025

    NLRB Attys Drop Push For Change In Disclosure Standard

    National Labor Relations Board prosecutors no longer have a Trump-era ruling on employers' disclosure responsibilities in their crosshairs, telling the board Monday that they're no longer seeking reconsideration of its 2019 decision in Arlington Metals Corp.

  • May 19, 2025

    Feds Say Unions' Downsizing Suit Should Be Tossed

    The Trump administration urged a federal judge in D.C. to toss a lawsuit challenging three federal downsizing initiatives, arguing that the claims brought by labor unions representing federal employees belong before the agency charged with adjudicating such disputes.

  • May 19, 2025

    Taxpayer Data Increasingly At Risk From DOGE, Court Told

    A group of unions and advocacy organizations trying to block the White House's Department of Government Efficiency from accessing confidential taxpayer data told a D.C. federal court they fear the data is already being shared with federal agencies beyond the IRS.

  • May 19, 2025

    Electric, Nuclear Valve Co. Escape Pension Dispute

    A federally owned electric company and a contractor were not required to make pension fund contributions to a plumbers and steamfitters union because the contracted valve work was an exempt specialty contract, a Tennessee federal judge ruled in a lawsuit Monday.

  • May 19, 2025

    9th Circ. Backs Family's Win In Suit Over Denied Benefits

    The Ninth Circuit declined to upend a guild member's win in his lawsuit challenging his healthcare plan's decision to deny coverage for his son's mental health treatments, but said a lower court was wrong to award the family additional damages on their breach of fiduciary duty claim.

  • May 19, 2025

    Split DC Circ. Pauses Halt On Trump's Union Rights Order

    A divided D.C. Circuit panel greenlighted President Donald Trump's request to pause a lower court decision that blocked the implementation of an executive order aimed at ending collective bargaining rights for federal employees, concluding the injunction ruling "ties the government's hands."

  • May 16, 2025

    DC Circ. Judges Skeptical Of Blockade On CFPB Mass Layoffs

    A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.

  • May 16, 2025

    NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful

    NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.

  • May 16, 2025

    Trump Calls On Justices To Stay Block Of Gov't Restructuring

    President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.

  • May 16, 2025

    Network Owed Union More After IRS Alert, NLRB Judge Says

    A Chicagoland medical center network that serves the Hispanic community failed to sufficiently loop in its workers' union after the IRS identified potential issues with four workers' Social Security numbers, a National Labor Relations Board judge ruled, holding the employer responsible for a labor law violation.

  • May 16, 2025

    NLRB Acting GC Narrows Remedy Asks In Settlement Talks

    National Labor Relations Board acting general counsel William Cowen instructed regional officials on Friday to exercise more discretion over the remedies they pursue when seeking to settle cases, walking back instructions from his predecessor to seek maximum remedies in settlements.

  • May 16, 2025

    DC Circ. Probes Agency Power In Labor Firings Appeal

    A D.C. Circuit panel grappled Friday with the extent of the president's power to fire federal officials with the U.S. Supreme Court's views in flux, with two judges straining to pin the government's attorney down on what divides agencies Congress can insulate and those it can't.

  • May 16, 2025

    Trump Immigration Policy May Hinder Labor Law Enforcement

    The Trump administration's immigration policies could lead to changes in how the National Labor Relations Board investigates and prosecutes cases that involve immigrant workers, and could make it less likely that those workers participate in agency proceedings, experts said.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    Co. Can't Threaten To Ax Raises Over IBEW, NLRB Judge Says

    A dishwasher equipment company violated federal labor law by threatening the elimination of a promised wage hike if workers unionized with an International Brotherhood of Electrical Workers local, a National Labor Relations Board judge ruled while dismissing allegations about flyer language and a threat end to profit sharing.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 15, 2025

    Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says

    Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    Kroger Worker Fights NLRA Preemption Of State Claim

    A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.

  • May 15, 2025

    NLRB Judge Upholds Miami Beach Hotel's Guest Contact Rule

    A Miami Beach hotel didn't violate federal labor law by banning workers from contacting hotel guests about workplace grievances, a National Labor Relations Board judge has ruled, holding that the ban is justified and does not explicitly restrict union activity.

  • May 15, 2025

    Lines Drawn As DC Circ. Takes Up Trump's Labor Firings

    The writing may be on the wall for two fired labor officials' defenses of orders restoring them to work as they make their cases Friday to three D.C. Circuit judges who have already weighed in on their joint test of the president's power to remove executive appointees.

  • May 15, 2025

    Farmworkers' Union Challenges H-2A Prevailing Wage Regs

    A farmworkers' union said that the U.S. Department of Labor's 2022 H-2A prevailing wage regulations cannot stand and could leave farmworkers without prevailing wage protections, urging a Washington federal court to grant the union a partial win.

  • May 15, 2025

    Teamsters Ask DC Circ. To Back NLRB's Bargaining Order

    A Teamsters local asked the D.C. Circuit to enforce a National Labor Relations Board decision concluding a waste transportation company illegally refused to bargain about its decision to place monitoring cameras in trucks, arguing the unilateral installation is unlawful under differing standards from the NLRB and court. 

Expert Analysis

  • 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.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

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