Labor

  • March 27, 2025

    Trump Cuts To FMCS Staff Could Affect Bargaining, Attys Say

    The Federal Mediation and Conciliation Service has significantly reduced its operations in response to an executive order from President Donald Trump directing certain agencies to cut down on their duties and staff, a move that experts and advocates said could make securing mediators in labor disputes harder.

  • March 27, 2025

    Starbucks Disputes NLRB's Subpoena Order At 5th Circ.

    The Fifth Circuit must not enforce a National Labor Relations Board decision dinging Starbucks for unlawful subpoenas that sought employees' recordings of management and communications with Workers United, the coffee giant argued, challenging the board's application of 30-year-old precedent about discovery.

  • March 27, 2025

    3rd Circ. Says Pension Law OKs Suits To Enforce Settlements

    A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.

  • March 27, 2025

    Fan Co. Tries Again To Stop NLRB Case, Citing Wilcox Firing

    A fan-maker is seeking for the second time to halt an upcoming unfair labor practice proceeding, telling a Missouri federal judge that the administrative case should be put on hold until the U.S. Supreme Court has considered whether NLRB member Gwynne Wilcox's firing was illegal.

  • March 27, 2025

    NLRB Tells 5th Circ. Constitutionality Suit Should Proceed

    The National Labor Relations Board urged the Fifth Circuit not to grant a union's bid to throw out suits SpaceX and two other companies launched challenging the board's constitutionality, saying the dispute remains live even if the Trump administration's views change an aspect of the litigation.

  • March 27, 2025

    9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire

    A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Ex-IATSE Officer's Discipline Claims Over Porn Issue Survive

    A New Mexico federal court on Wednesday sustained some claims from a former vice president for an International Alliance of Theatrical Stage Employees affiliate who said he was wrongly disciplined after raising concerns about another officer's name appearing on porn websites, while dismissing other allegations under federal racketeering and state laws.

  • March 26, 2025

    Union's Actions Sink Suit Against USPS Over Arbitral Award

    The American Postal Workers Union doomed its lawsuit seeking to compel the U.S. Postal Service to comply with an arbitration award by also trying to force compliance through the arbitration mechanism in their collective bargaining agreement, a Washington, D.C., federal judge ruled, saying he now lacks jurisdiction.

  • March 26, 2025

    Past DOL Officials Share Advice For New Leadership

    As the U.S. Department of Labor leadership takes shape under President Donald Trump and proceeds on wage and hour and other policy priorities, former officials say the new top brass should listen to career staffers and keep enforcement actions fair. Here is what the former officials told Law360.

  • March 26, 2025

    Trump's DEI Firings Are Discriminatory, Fed Workers Claim

    Former federal workers asked an employment board Wednesday to reinstate them to jobs they lost because of President Donald Trump's executive orders shuttering all government diversity, equity and inclusion positions, stating the firings illegally targeted their assumed political beliefs and fell disproportionately hard on workers who weren't white men.

  • March 26, 2025

    Yellow Corp. Says It Reached Ch. 11 Plan Deal With Creditors

    A Delaware bankruptcy judge agreed Wednesday to delay his decision on $6 billion of contested claims in Yellow Corp.'s Chapter 11 after attorneys for the defunct trucking group said they reached a plan settlement.

  • March 26, 2025

    Teamsters Slam NLRB GC Pick As Anti-Union

    International Brotherhood of Teamsters has come out against President Donald Trump's choice of a Morgan Lewis & Bockius LLP attorney to be the next National Labor Relations Board general counsel, splitting with the White House on a key labor nominee.

  • March 26, 2025

    NLRB Official Nixes ULP Claims Against Google, Cognizant

    Google and Cognizant are cleared of allegations that the companies illegally surveilled union activities and committed other unfair labor practices, a National Labor Relations Board's regional director in Texas concluded, finding inadequate evidence to prove federal labor law violations.

  • March 26, 2025

    NLRB Defends Finding Illegal Wage Snub To 9th Circ.

    The National Labor Relations Board properly found that a gas supplier violated federal labor law by withholding a raise from a group of unionizing Southern California employees in 2018, board prosecutors told the Ninth Circuit, asking the appellate court to enforce the ruling.

  • March 26, 2025

    Kaiser Left Holiday Pay, Incentives Out Of OT, Worker Claims

    Healthcare company Kaiser Permanente miscalculated workers' overtime by leaving out rates for extra days of work and holidays, according to a proposed class action filed in Colorado state court.

  • March 25, 2025

    Public-Sector Unions Win Bid To Sue In Fed Court For Firings

    U.S. District Judge William Alsup said Monday he has jurisdiction to hear claims from public-sector unions over the mass firing of probationary employees within the federal government, flipping from his position last month and splitting from federal courts that have held the claims must be processed through governing labor agencies.

  • March 25, 2025

    6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

    A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.

  • March 25, 2025

    Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

    A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.

  • March 25, 2025

    No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

    The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.

  • March 25, 2025

    Mich. Residents, Some Claims Cut From Frozen Benefits Case

    A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.

  • March 25, 2025

    Unions Say Trump Administration Illegally Targeted Columbia

    The federal government should restore the nearly $400 million it revoked from Columbia University earlier this month, two unions told a New York federal court Tuesday, also seeking a declaration that threats to pull additional funding if the university doesn't meet certain demands violate the U.S. Constitution.

  • March 25, 2025

    NLRB Official Nixes Union's Bid To Amend Certification

    An Amalgamated Transit Union affiliate can't amend certification for a group of workers at a Maryland transportation company, a National Labor Relations Board official concluded, finding the issues raised in the case should be handled in a different proceeding.

  • March 25, 2025

    Hartford HealthCare Fights Disclosure Of Antitrust Settlement

    Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.

  • March 25, 2025

    Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

    The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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