Labor

  • March 13, 2025

    Judge Tosses Pot Co.'s Challenge To Calif. Labor Peace Law

    A California federal judge has dismissed a constitutional challenge to the Golden State's law requiring marijuana businesses to have labor peace agreements, saying that the court could not intervene in the matter because the entire industry is federally illegal.

  • March 13, 2025

    Amazon Tells 11th Circ. NLRB Captive Audience Ban Must Fall

    Amazon has urged the Eleventh Circuit to reverse a National Labor Relations Board decision declaring so-called captive audience meetings unlawful, saying the agency's precedent shift infringes on the First Amendment and runs counter to decades of interpretation of federal labor law.

  • March 13, 2025

    Rikers Fails To Pay For OT Work, Correction Officers Say

    New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.

  • March 13, 2025

    5th Circ. Sides With NLRB On Reconsidered Exxon Ruling

    The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 12, 2025

    'Not An Autocracy': Judge Says Trump Can't Fire FLRA Chair

    President Donald Trump last month unlawfully fired the Democratic chair of the Federal Labor Relations Authority, a Washington, D.C., federal judge ruled Wednesday, saying the government "is not an autocracy" that allows the president to "remove federal officials on a whim."

  • March 12, 2025

    Hawley Bill To Speed CBAs Must Overcome Biz. Opposition

    Sen. Josh Hawley is seeking to build Republican support for a union-backed bill that he describes as adding a "shot clock" to bargaining obligations for initial labor contracts, even as business groups criticize the bill as unrealistic and legally suspect.

  • March 12, 2025

    Amazon Takes NLRB Constitutional Fight To 9th Circ.

    The Ninth Circuit must find that removal protections for National Labor Relations Board members and judges flout the U.S. Constitution, Amazon argued in a brief, challenging a lower court's denial of the e-commerce conglomerate's bid for an injunction to block an unfair labor practice proceeding.

  • March 12, 2025

    NLRB Atty Says Agency Stifled Her Over Park Advocacy

    An attorney in the National Labor Relations Board's Seattle office sued the agency in Washington, D.C., federal court Wednesday, alleging it suppressed her First Amendment rights by referring her for criminal prosecution over her work for a local park advocacy group.

  • March 12, 2025

    DC, 21 States Back Ex-NLRB Member's Reinstatement

    A coalition of 21 Democratic-led states and the District of Columbia urged the D.C. Circuit to deny the Trump administration's effort to hold the reinstatement of National Labor Relations Board member Gwynne Wilcox, saying delaying the reinstatement would stall labor disputes.

  • March 12, 2025

    Senate Confirms Trump's Pick For DOL Deputy Leader

    The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.

  • March 12, 2025

    Acting NLRB GC Pulls Arguments In Starbucks, ACLU Cases

    A National Labor Relations Board attorney withdrew arguments in separate cases involving Starbucks and the American Civil Liberties Union about so-called captive audience meetings and negotiating over discipline with a new union, pointing to the acting general counsel's rescission of his predecessor's memorandums.

  • March 12, 2025

    Railroad Worker Says Board Schemed To Overtax Retirees

    Retired railroad workers were incorrectly directed by the federal retirement board overseeing their funds to report millions of dollars in nontaxable benefits as taxable income in a scheme to line the board's pockets, a retiree said in a proposed class action in Texas federal court.

  • March 11, 2025

    'Congress Never Came Up' In CFPB Firing Talks, Worker Says

    A Consumer Financial Protection Bureau employee recounted before a D.C. federal judge on Tuesday a frantic effort to fire 1,200 agency staffers before a court order halted it, saying the prospect of first securing congressional approval was never mentioned.

  • March 11, 2025

    NLRB Won't Rethink Decision Issued At End Of McFerran Term

    The National Labor Relations Board on Tuesday denied requests that it rethink a decision from last year that was served on the parties after the expiration of former board Chairman Lauren McFerran's term, saying a vote about the order happened on or before McFerran's Dec. 16 departure date.

  • March 11, 2025

    Ex-Officers Dodge Flight Attendant Union's Fiduciary Claims

    Former officers of the union representing American Airlines flight attendants escaped the union's allegations that they breached their fiduciary duties after an arbitrator found they misappropriated union funds, a Texas federal judge has ruled, with the district court finding the allegations weren't filed in a timely manner.

  • March 11, 2025

    2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight

    The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.

  • March 11, 2025

    NLRB Judge Says Teamsters Unit's Referral Process Is Illegal

    A Teamsters unit in Texas violated federal labor law by prioritizing union members in its hiring hall referral process over nonunion members, a National Labor Relations Board judge concluded, while also dinging the local for delaying the referrals of two union dissidents for work on a film production.

  • March 11, 2025

    Trump's Special Counsel Firing Seems OK, DC Circ. Says

    The president appears to have the power to remove the feds' internal unfair firing watchdog because he's the sole head of an agency with executive power, a D.C. Circuit panel said, explaining its decision last week to stay a trial court's reinstatement order.

  • March 10, 2025

    Workers Challenging Firings Face Uncertainty At FLRA, MSPB

    Thousands of former federal workers are facing compromised paths to fighting the Trump administration's initiatives to cull their ranks, with courts turning away efforts to challenge the firings and rerouting the disputes to the Federal Labor Relations Authority and the Merit Systems Protection Board.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Starbucks Fired Union Backer For Striking, NLRB Judge Says

    Starbucks illegally fired a Workers United supporter in North Carolina for striking and refused to hire another employee given their union activities, a National Labor Relations Board judge concluded Monday, saying the coffee chain can't ask workers to get a manager's blessing before exercising their organizing rights.

  • March 10, 2025

    Bad Bunny Sports Firm Settles Contract Dispute With MLBPA

    The sports firm of music superstar Bad Bunny has reached a settlement that will end its dispute with the Major League Baseball Players Association, which it had accused in a Puerto Rico federal court lawsuit of killing its business with unreasonable sanctions.

  • March 10, 2025

    Senate Confirms Trump's Labor Secretary Pick

    The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

Expert Analysis

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

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