Labor

  • April 04, 2025

    6th Circ. Says Fiat Chrysler Engineers' Claims Are Preempted

    The Sixth Circuit said Friday that federal law bars Fiat Chrysler engineers from pursuing state-based claims alleging they lost wages and benefits after being transferred in connection to an illicit bribery scheme involving former United Auto Workers officials and company executives.

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    Colo. Union Vote Overhaul Hangs In Balance With Veto Threat

    A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.

  • April 04, 2025

    NJ Panel Rules Troopers' CBA Unclear On OT Math

    An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.

  • April 04, 2025

    Starbucks Illegally Called Cops On Protest, NLRB Judge Says

    A National Labor Relations Board judge said Starbucks illegally called the police on organizers who leafleted a cafe in New York state, saying a manager called to suppress the protest and not to protect an organizer or get nonemployees off its property.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Unions Call Trump's Federal Worker Bargaining EO Illegal

    Six unions representing thousands of federal employees fought against President Donald Trump's executive order looking to cease collective bargaining at several agencies with "national security" focuses, telling a California federal court that the order violates the First and Fifth amendments to the U.S. Constitution.

  • April 04, 2025

    NLRB Rightly Ruled Montana Co. Owed Union Info, Attys Say

    A split National Labor Relations Board properly ruled that a Montana internet service provider illegally withheld information from a union about whether its parent company's employees were performing bargaining unit employees' work, NLRB prosecutors argued Friday, asking the D.C. Circuit to enforce the board's ruling.

  • April 04, 2025

    NY Judge Who Blocked VOA Shutdown Sends Case To DC

    The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to D.C. federal court, but said his restraining order remains in effect.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Pension Fund Miscalculated Co.'s $23M Exit Fee, Judge Says

    A Teamsters pension fund erred when it determined that a concrete company owed $23 million for withdrawing from the plan, an Illinois federal judge ruled, saying an arbitrator needs to reassess the calculation and give the employer proper credit for other payments made.

  • April 04, 2025

    Unions Can Get Fees Under Anti-SLAPP Law In Hotel's Suit

    Two unions were the prevailing parties in the state claims in a suit by hotel operators accusing them of interfering in a SeaWorld development project, a California federal judge said, ruling that they can recover attorney fees and costs.

  • April 03, 2025

    5th Circ. Says Lateness Didn't Ax Co.'s NLRB Ruling Fight

    A split Fifth Circuit panel won't enforce the National Labor Relations Board's holding that a public transit operator illegally snubbed a union, saying the board should have processed the company's challenge to an agency judge's ruling even though it filed its exceptions brief a day late.

  • April 03, 2025

    Software Co. Must Reinstate Workers, NLRB Tells DC Circ.

    The National Labor Relations Board asked the D.C. Circuit to uphold the NLRB's order finding a Vermont software development company illegally fired four employees for their actions involving a salary spreadsheet, defending remedies of reinstatement and compensation for pecuniary harms.

  • April 03, 2025

    7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill

    The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.

  • April 03, 2025

    Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted

    Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.

  • April 03, 2025

    Trump Makes First Use Of Mexico Labor Enforcement Tool

    The Trump administration called on Mexico to investigate "credible" allegations of worker rights violations at a Mexico City auto parts plant Thursday, marking the Trump administration's first use of a labor-specific enforcement tool first implemented five years ago.

  • April 03, 2025

    Nexstar Challenges Deference To NLRB Order At 5th Circ.

    The Fifth Circuit must not defer to the National Labor Relations Board's determination that Nexstar Media Inc. shift leads in Denver are statutory employees who can unionize, the company contended, citing the U.S. Supreme Court's Loper Bright opinion to argue the NLRB's decisions "deserve no deference."

  • April 03, 2025

    Dialysis Centers Illegally Fought Union, NLRB Judge Says

    A network of dialysis centers in the Bay Area violated federal labor law by withholding its unionizing workers' raises, firing a nurse for her organizing activity and implicitly threatening to close a center if workers unionized, among other conduct, a National Labor Relations Board judge has found.

  • April 03, 2025

    2nd Circ. Says NLRB Severance Doesn't Stop Enforcement

    The Second Circuit has joined a handful of other circuits in finding that it can rule on a National Labor Relations Board enforcement request when the agency has severed part of the underlying case, rejecting a broadcaster's bid to escape an order to bargain.

  • April 03, 2025

    'No Serious Question' Federal Firings Broke Law, Justices Told

    Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.

  • April 03, 2025

    Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas

    Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.

  • April 02, 2025

    Transfer Of SpaceX NLRB Challenge To Calif. Paused For Now

    A Texas federal judge has paused an order transferring SpaceX's lawsuit challenging the constitutionality of the National Labor Relations Board's structure to California, saying he had mistakenly thought a Fifth Circuit mandate connected to the case had already been issued.

  • April 02, 2025

    DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction

    A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.

  • April 02, 2025

    TV Station Has Illegal Provisions In Pacts, NLRB Judge Says

    A Puerto Rico television station violated federal labor law by having provisions in exclusivity agreements that barred workers from criticizing the company, a National Labor Relations Board judge ruled Wednesday, ordering the broadcaster to rescind or change the illegal clauses.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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