Labor

  • April 21, 2025

    Unions Demand Halt To DOGE's Info Access At DOL, HHS

    A D.C. federal judge must block Elon Musk's Department of Government Efficiency from accessing sensitive systems in the U.S. Department of Labor and Department of Health and Human Services, unions argued in a preliminary injunction bid, saying the government's search for "waste, fraud and abuse" doesn't warrant access.

  • April 21, 2025

    Unions Score Block On Orders To Fire Probationary Workers

    A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.

  • April 21, 2025

    Investors Seek Class Status On Equinix Capital Spend Claims

    A group of Equinix investors asked a California federal judge for class certification on their claims that the data center developer mislabeled spending on batteries, light bulbs and other maintenance expenses so two executives could collect bonuses of $150 million.

  • April 18, 2025

    Trump Moves For More Power To Hire, Fire Federal Workers

    The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."

  • April 18, 2025

    Delay Over Trump's NLRB Picks Reflects Priorities, Caution

    Employers are growing anxious for President Donald Trump to stock the National Labor Relations Board with Republicans who will roll back union-friendly precedents, but the absence of nominees so far reflects the administration's policy priorities and the tough task of finding nominees who will pass the confirmation process, experts say.

  • April 18, 2025

    DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy

    The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."

  • April 18, 2025

    Unions Score Injunction To Stop DOGE's Access To SSA Data

    The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.

  • April 18, 2025

    Calif. Forecast: Court Weighs $20M Raytheon Cos. Wage Deal

    In the coming week, attorneys should keep an eye out for potential initial approval of an almost $20 million class action settlement involving three Raytheon companies. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2025

    Union Hits Kroger Chain With Counterclaim In Strike Suit

    The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.

  • April 18, 2025

    NY Forecast: Judge Hears Hospital's Bid To Nix Race Bias Suit

    In the coming week, a New York federal judge will consider a hospital's request to toss a suit brought by a doctor who claims she was discriminated against on the basis of her race and gender and retaliated against when she complained.

  • April 18, 2025

    CFPB Mass Layoffs Blocked Again In DC Court

    A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.

  • April 17, 2025

    NY Judge Scrubs Groups' Anti-Congestion-Pricing Claims

    A Manhattan federal judge on Thursday rejected claims from local residents and community groups alleging New York's revised congestion pricing tolls wrongfully discriminated against out-of-state commuters and unfairly benefited public transit riders instead of roadway users.

  • April 17, 2025

    DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge

    The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.

  • April 17, 2025

    Minn. Gig Driver Union Bills Raise Employee Status Concerns

    Labor advocates in Minnesota are pushing to give ride-hailing drivers in the state collective bargaining rights in bills modeled after a successful ballot measure in Massachusetts, despite lingering concerns from some advocates that such proposals do not do enough to address the core issue of drivers' employment status.

  • April 17, 2025

    Tenet Asks Court To Enforce Dead Arbitrator's $546K Award

    Tenet Healthcare Corp. has asked a Washington, D.C., federal judge to require the Service Employees International Union to follow an arbitrator's final order to pay $546,000 after making derogatory statements, despite the arbitrator dying before ruling on the union's post-judgment reconsideration motion.

  • April 17, 2025

    AFL-CIO, Unions Can Pursue Some DOGE Access Claims

    The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.

  • April 17, 2025

    Starbucks Dodged Union On Dress Code, NLRB Judge Says

    Starbucks violated federal labor law by punishing workers for wearing union T-shirts at a store in Jacksonville, Florida, without negotiating with their union first, a National Labor Relations Board judge ruled, finding the discipline wasn't in line with the company's typical dress code policy enforcement.

  • April 17, 2025

    Littler Hires 5th DC Labor Atty From Akin In 4 Months

    Littler Mendelson PC has hired another member of Akin Gump Strauss Hauer & Feld LLP's Washington, D.C., labor team, the fifth attorney from that group to move in the past four months, who helped represent the Pac-12 college football conference alongside several former colleagues he's now rejoining.

  • April 17, 2025

    NYC Strikes Deal To End Housing Workers' OT Suit

    New York City struck a deal to resolve a housing development worker's collective action accusing it of running afoul of the Fair Labor Standards Act by stiffing city employees on overtime wages, a federal court filing said.

  • April 16, 2025

    Unions Want 'Unlawful' Mediation Service Layoffs Blocked

    A coalition of unions on Wednesday asked a New York federal judge to order the Trump administration to immediately stop dismantling the Federal Mediation and Conciliation Service while the unions challenge the layoffs at the agency in court, calling them "unlawful and unconstitutional."

  • April 16, 2025

    Southwest Moves Union's Sick Leave Fight To Federal Court

    Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.

  • April 16, 2025

    NLRB Prosecutors Pull Several More Challenges To Case Law

    National Labor Relations Board prosecutors are no longer looking to overturn four employer-friendly rulings that they'd sought to ax under President Joe Biden-era general counsel Jennifer Abruzzo, the prosecutors told the board Wednesday in a case that pits the agency against Starbucks.

  • April 16, 2025

    Union Denied More Time In Feds' Bid To Bless CBA Rebuke

    A Kentucky federal judge has refused to delay an approaching hearing on the U.S. Department of the Treasury's bid to nullify its workers' union contracts, despite a union's assertion that it's been given little time to prepare for a consequential case and that it has yet to be served.

  • April 16, 2025

    Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects

    Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."

  • April 16, 2025

    Coalition Offers Free Legal Aid To Fired Federal Workers

    A coalition of organizations, including unions like the AFL-CIO and nonprofits like the nonpartisan legal volunteering network We the Action, has teamed up to connect the thousands of federal employees fired under the Trump Administration with free legal support, calling on lawyers across the U.S. to join their efforts.

Expert Analysis

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

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