Labor

  • May 23, 2025

    Judge Extends Block On Trump's Government Layoffs

    A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.

  • May 23, 2025

    Cannabis Co.'s Layoffs Were Illegal, NLRB Judge Says

    Cannabis company Curaleaf violated federal labor law by laying off store associates at its Illinois facilities without bargaining with their union and must reinstate them, a National Labor Relations Board judge has held.

  • May 23, 2025

    Teamsters Unit Asks Judge To Clarify Rail Arbitration Order

    A Boston commuter rail operator is refusing to resume arbitrating a raise dispute with a Teamsters unit after a Massachusetts federal judge said only an arbitration board could resolve a key issue, the union said, asking the judge to clarify that his decision compelled the parties to reenter arbitration.

  • May 23, 2025

    NY Forecast: 2nd Circ. Hears Speech Therapist Race Bias Suit

    This week, the Second Circuit will consider a New York speech therapist's attempt to revive her lawsuit claiming she was discriminated against on the basis of her race when her school district fired her in 2022. Here, Law360 looks at this and other cases on the docket in New York.

  • May 23, 2025

    Mo. Says Starbucks Lacks Grounds To Escape DEI Bias Suit

    The state of Missouri urged a federal judge to reject Starbucks' bid to dismiss its suit claiming its diversity policies discriminate based on race and gender, arguing it has put forward enough evidence showing how the company's practices have harmed its citizens to keep the case in court.

  • May 23, 2025

    Southwest Flight Attendant Fights To Revive Nixed Sanctions

    A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.

  • May 22, 2025

    MLB Plan Says Widow's 7-Week Marriage Bars Pension

    Major League Baseball's pension plan asked a Florida federal judge to toss a request for surviving spouse benefits filed by a woman who married retired Cincinnati Reds pitcher Tom Browning seven weeks before he died, saying the length of the marriage disqualifies her from collecting the benefits.

  • May 22, 2025

    Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts

    A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.

  • May 22, 2025

    Justices Allow Trump To Fire NLRB, MSPB Members, For Now

    The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.

  • May 22, 2025

    Katz Banks Hires Former Gov't Atty For Worker Advocacy

    A former attorney at the U.S. Consumer Product Safety Commission is now senior counsel at Katz Banks Kumin LLP in Washington, D.C., the firm announced, saying she will use her experience to advocate for federal workers navigating changes brought on by the Trump administration.

  • May 22, 2025

    Seyfarth Hires Labor And Employment Partner In Seattle

    Seyfarth Shaw LLP added a partner to its labor and employment department from Perkins Coie LLP who says the firm's resources will help him tackle the growing number of wage and hour class actions Washington state has been witnessing.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 22, 2025

    Mass. Judge Halts Trump's Bid To Slash Education Dept. Jobs

    A Massachusetts federal judge on Thursday blocked President Donald Trump's attempt to lay off hundreds of U.S. Department of Education employees, finding that the administration's claims of wanting more efficiency are a mask for their actual goal of dismantling the department.

  • May 21, 2025

    Judge Mulls National Scope Of Bid To Restore COVID Grants

    A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.

  • May 21, 2025

    NLRB Judge Axes Firing Case Against Illinois Bottling Facility

    A Chicago-area beverage bottling facility did not violate federal labor law when it fired a maintenance worker, a National Labor Relations Board judge ruled Wednesday, saying the evidence did not support board prosecutors' contention that the worker was fired for expressing interest in joining a union.

  • May 21, 2025

    Sprinkler Co. Illegally Halted Contributions, NLRB Judge Says

    A sprinkler installation company in Pennsylvania violated federal labor law by not contributing to benefit funds for union-represented workers and remitting their dues, a National Labor Relations Board judge concluded, ordering the business to hand over payments that weren't made dating back nearly three years.

  • May 21, 2025

    Cannabis Sellers Win Fight Against Oregon Labor Peace Law

    An Oregon federal judge shot down a state law that required cannabis growers to sign agreements with labor unions before they could get licensed to sell, saying the United for Cannabis Workers Act is preempted by the National Labor Relations Act.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 20, 2025

    Nexstar Seeks Redo Of 2nd Circ.'s NLRB Ruling Enforcement

    The National Labor Relations Board should stop kicking the can down the road and rule on whether employers must compensate workers for the lost opportunity to bargain, Nexstar Media Inc. told the Second Circuit, asking the court to reconsider a decision that let the board postpone answering the question.

  • May 20, 2025

    Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

    A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.

  • May 20, 2025

    Gov't Says Unions Too Slow In Calling For Halt Of Restructure

    President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.

  • May 20, 2025

    GOP Lawmakers Defend Stricter Independent Contractor Bill

    Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.

  • May 20, 2025

    SAG-AFTRA Battles Use Of Fortnite's AI Darth Vader At NLRB

    The developer behind the video game Fortnite violated federal labor law by not negotiating with SAG-AFTRA before using artificial intelligence to voice Darth Vader, the union alleged in an unfair labor practice charge, claiming the company's AI use takes away work from bargaining unit members.

  • May 20, 2025

    Unions Eye Nix Of NJ Transit Suit Over Picket Line

    Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

Expert Analysis

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.