Labor

  • May 07, 2025

    Uncertainty In The Air As Labor Agencies Ponder Reach

    The mostly stable jurisdictional lines between the National Labor Relations Board and the National Mediation Board are in flux as the NLRB seeks the NMB's take on which agency should oversee SpaceX and the airline industry deals with an abrupt shift in the federal labor overseers' treatment of contractors.

  • May 07, 2025

    NLRB Official Says Settlement Bars Union Ouster At Glass Co.

    A National Labor Relations Board official has tossed a worker's petition to decertify a union representing workers at a Minnesota glass company, saying a settlement between the company and union in a separate case prevents the election from going forward.

  • May 07, 2025

    NLRB Judge Says Amazon Lawfully Fired Union Backer In NY

    Amazon did not violate federal labor law by firing a union supporter and unilaterally changing certain policies about cellphone use and COVID-19 tests at a New York warehouse, a National Labor Relations Board judge ruled while finding the company illegally denied union representation during investigatory interviews.

  • May 07, 2025

    USW Knocked By Judge For Causing Member's Demotion

    The United Steelworkers violated federal labor law by resolving a member's grievance in a manner that caused another member to be demoted, a National Labor Relations Board judge ruled, ordering the union to pursue another grievance on behalf of the demoted member.

  • May 06, 2025

    NFLPA Says Ex-Player Has Wrong Target In Rehab Abuse Suit

    A former pro football player who claimed that he was incorrectly sent to a Texas drug treatment center that later abused and physically blocked him from leaving, should not blame the NFL Players Association for his being there, the union told a Texas federal court.

  • May 06, 2025

    Split 5th Circ. Nixes Amazon's Appeal To Halt NLRB Case

    A divided Fifth Circuit panel found Tuesday that a Texas federal judge did not "effectively deny" Amazon's bid to halt a refusal-to-bargain case at the National Labor Relations Board based on allegations that the agency is unconstitutional, tossing the e-commerce giant's appeal for lack of jurisdiction.

  • May 06, 2025

    DOD Says It Has Standing To Halt Labor Contracts

    The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."

  • May 06, 2025

    Army Base Teachers' Unions Sue Trump Over Executive Order

    Unions representing schoolteachers on military bases have sued President Donald Trump, the U.S. Department of Defense and the U.S. Office of Personnel Management over a March executive order aimed at stripping them of their bargaining rights, asking a Washington, D.C., federal judge to invalidate the directive.

  • May 06, 2025

    Technician's Bias Suit Against Union, Studios Tossed For Now

    A New York federal judge Tuesday tossed an electrical technician's suit accusing an entertainment industry union local of employing admissions and job referral practices that discriminate against Black and Latino applicants seeking work at major production studios.

  • May 06, 2025

    Bakery Driver Agrees To Drop Teamsters Benefits Fight

    A delivery driver and a Philadelphia Teamsters local will drop their dispute over whether the driver was wrongfully denied early retirement benefits, the parties announced Monday.

  • May 06, 2025

    Hurdles Await CWA As It Powers Up Video Game Organizing

    A new union is seeking to organize workers in the video game industry using a model that does not focus on winning elections at the National Labor Relations Board, but experts said the nontraditional approach might face challenges recruiting members and making durable change in the industry.

  • May 06, 2025

    Costco Can't Bar Harassment Probe Talk, NLRB Judge Says

    Costco unlawfully maintained overly broad rules in an investigations form and barred a North Carolina worker from talking about the outcome of her internal sexual harassment complaint, a National Labor Relations Board judge ruled, finding a clause allowing employment terms discussions did not shield the company from violating federal labor law.

  • May 06, 2025

    NLRB Gets OK To Gather Mediation Board's Take On SpaceX

    The Fifth Circuit gave the National Labor Relations Board the go-ahead to ask the federal labor agency that oversees union negotiations in the air transportation industry whether SpaceX falls under its purview in a step that could spell the end of the NLRB's cases against the rocket maker.

  • May 05, 2025

    4th Circ. Seems Split On Fight Over DOGE's Data Access

    The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

  • 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.

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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