Labor

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    5th Circ. Revives United Flight Attendant's Age Bias Suit

    The Fifth Circuit on Wednesday reopened a former flight attendant's lawsuit claiming United Airlines used allegations of misconduct as a pretext to fire her because she was in her 50s, saying a trial court erred in concluding that her case was preempted by federal labor law.

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    NY Judge Orders Temporary Block On DOL's Job Corps Cuts

    A New York federal judge on Wednesday issued a temporary restraining order to stop the U.S. Department of Labor from eliminating Job Corps, saying the agency can't move ahead with shutting down the more than 60-year-old job training program without approval from Congress.

  • June 04, 2025

    SEIU Shirked Black University Worker's Grievance, Suit Says

    A Service Employees International Union local unlawfully provided a Black former university employee with second-rate representation when he challenged his termination over a minor offense despite aggressively supporting white union members who engaged in more serious misconduct, according to a lawsuit filed in Pennsylvania federal court.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    NLRB Asks 5th Circ. To Enforce Bargaining Order At Nexstar

    The Fifth Circuit must reject Nexstar's challenge to a union's certification representing workers at two television stations in Denver, the National Labor Relations Board argued, saying the company isn't following the agency standard used when an employer wants excluded workers added to a bargaining unit.

  • June 03, 2025

    Is 'Labor Court' Proposal The Antidote To Policy Flips?

    A trio of veteran labor law experts is proposing to turn the National Labor Relations Board into a special labor court, aiming to slow the pace of policy shifts that they warn could get even more rapid if the U.S. Supreme Court strikes down removal protections for board members.

  • June 03, 2025

    Elevator Union Says Misconduct Led To Member Ousting

    Two former members of an elevator operators union didn't support their claims that they were booted from the union for supporting a candidate that the local's president didn't support, the union said, asking a New York federal court to toss the case.

  • June 03, 2025

    NLRB Defends Bargaining Waiver Shift At DC Circuit

    The National Labor Relations Board urged the D.C. Circuit to uphold a ruling that a trash hauler ducked its duty to bargain under a revived test of employers' contractual rights despite the court's well-established qualms with the union-friendly standard the board used the case to return to.

  • June 03, 2025

    WTO Useful For China Enforcement, US Trade Nominee Says

    The U.S. should work with partners at the World Trade Organization to apply further trade pressure on China, making sure the country is complying with rules and trading fairly, a Skadden partner nominated by President Donald Trump to represent the U.S. at the WTO told lawmakers Tuesday.

  • June 03, 2025

    4th Circ. Backs NLRB Order On Trucking Co.'s Union Threat

    The Fourth Circuit has upheld a National Labor Relations Board decision concluding a trucking company in Virginia made an illegal threat to workers in response to a union organizing push, and also clarified what messages from employers are protected under federal labor law.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 02, 2025

    Homeland Security Blocked From Scrapping TSA Union Deal

    A Washington federal judge on Monday blocked the U.S. Department of Homeland Security from scrapping a union deal for Transportation Security Administration workers, saying the American Federation of Government Employees had a "strong" argument that DHS was retaliating for challenging the Trump administration's "attacks on federal workers."

  • June 02, 2025

    Trimmed NLRB Budget Request Portends More Delays

    The National Labor Relations Board has proposed trimming its budget by $14 million and eliminating close to 100 jobs, cuts that experts said will further slow the agency's sluggish case-handling pace if they hold.

  • June 02, 2025

    1st Circ. Largely Backs Convictions For Cop Union Kickbacks

    The First Circuit on Monday mostly upheld the convictions of a former Massachusetts state police union president and a Beacon Hill lobbyist who were found guilty of running a kickback scheme, but ordered new sentencing hearings for them after vacating some of the guilty findings.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • June 02, 2025

    Teamsters Unit's Referral Process Is Illegal, NLRB Judge Says

    A Teamsters local in Virginia violated federal labor law by not using an objective standard when referring drivers to work on film productions, a National Labor Relations Board judge ruled while also finding the union unlawfully refused to refer a worker who filed an unfair labor practice charge against it.

  • June 02, 2025

    Pickle-Maker Must Bargain Over Sale, NLRB Judge Says

    A pickle manufacturer violated federal labor law by not bargaining with a union over the effects of the sale of its retail business and related layoffs, a National Labor Relations Board judge has ruled, rejecting the company's argument that its only bargaining obligations were those in its labor contract.

  • June 02, 2025

    NLRB Tells 5th Circ. To Ding Starbucks For Ex-CEO's Remark

    The Fifth Circuit must find that the National Labor Relations Board rightly concluded former Starbucks CEO Howard Schultz illegally told a pro-union worker they could "go work for another company," the board argued, saying a reasonable employee would consider the remark as a threat.

  • June 02, 2025

    Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute

    A longshoremen's union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.

  • June 02, 2025

    NJ Hospital Retaliated Against Nurses, NLRB Judge Finds

    An acute care hospital must reimburse a group of nurses it put on leave and offer reinstatement to one it fired because the hospital disciplined them in retaliation for their union-protected activities, a National Labor Relations Board judge ruled.

  • May 30, 2025

    Split 9th Circ. Won't Unblock Trump's Gov't Overhaul

    A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.

  • May 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.

  • May 30, 2025

    ​​​​​​​NLRB Memo Details Dropping Of Starbucks Subpoena Case

    Attorneys in the National Labor Relations Board's Division of Advice recommended not pursuing a case accusing Starbucks of issuing overly broad subpoenas and unlawfully questioning witnesses during an unfair labor practice prosecution due to "limited agency resources," according to a memo.

Expert Analysis

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Does NLRA Preempt Suits Against Unions For Strike Damage?

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    The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

    Excerpt from Practical Guidance
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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

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