Labor

  • July 23, 2025

    NLRB Precedent Shifts Still Far Away Despite Nominees

    The freeze that has gripped the National Labor Relations Board during the first six months of the year showed signs of thawing last week as nominees took key steps forward, but experts said there are still major hurdles they must clear before the board can return to normal function.

  • July 23, 2025

    DLA Piper Employment Atty Jumps To Davis Wright In LA

    Davis Wright Tremaine LLP is expanding its employment law team, announcing this week that it has brought in a DLA Piper litigator as a partner in its Los Angeles office.

  • July 23, 2025

    NLRB Judge Hits Sporting Retailer With Cemex Bargain Order

    Sportsman's Warehouse must face a bargaining order under the National Labor Relations Board's Cemex standard, an NLRB judge ruled, saying the company committed one of the "most flagrant" unfair labor practices by threatening to shutter an Arizona store if workers unionized.

  • July 23, 2025

    NYLAG Union Is Latest ALAA Shop To Reach Tentative Deal

    Another one of the several Association of Legal Advocates and Attorneys unions that went on strike in New York City last week announced on Tuesday that it has reached a tentative agreement with its managers.

  • July 23, 2025

    Phoenix Dispensary Ordered To Rehire Union Supporter

    A Phoenix cannabis dispensary violated the National Labor Relations Act by threatening to reduce workers' pay and benefits if they unionized and by firing a union supporter, a National Labor Relations Board judge ruled, saying the worker must be rehired.

  • July 22, 2025

    8th Circ. Won't Let Union Derail Order To Arbitrate BNSF Battle

    An arbitration panel must review a Teamsters unit's claims that BNSF Railway Co. illegally subcontracted maintenance-of-way work that could go to union members, the Eighth Circuit ruled, concluding the court lacks jurisdiction because the dispute involves interpreting collective bargaining agreements.

  • July 22, 2025

    Worker Deserved Firing, Starbucks Tells 5th Circ.

    The National Labor Relations Board ignored evidence of a fired Starbucks employee's repeated policy violations when ruling that the worker was fired because of the company's animus toward his union organizing activities, Starbucks told the Fifth Circuit, asking it to overturn the board's ruling.

  • July 22, 2025

    Plumbing Co. Illegally Tried To Quell Union, NLRB Judge Says

    A plumbing company in Illinois violated federal labor law by threatening to fire workers and refusing to negotiate in good faith with their union, a National Labor Relations Board judge ruled, finding a one-year extension of the certification year and notice reading remedies are justified.

  • July 22, 2025

    DC Circ. Axes Baristas' NLRB Suit Over Lack Of Quarrel

    Two Starbucks workers can't challenge National Labor Relations Board members' job protections because the government agrees that they violate the U.S. Constitution, the D.C. Circuit said Tuesday in a decision affirming the suit's dismissal.

  • July 22, 2025

    IRS Workforce Has Nosedived 25% Since February

    More than 25,000 Internal Revenue Service employees have left since February, a 25% overall reduction in staff driven mostly by workers who took a downsizing deal allowing them to resign while still being paid, the Treasury Inspector General for Tax Administration said Tuesday.

  • July 21, 2025

    CWA Unit Decries Use Of Its Funds As 'Personal Piggy Bank'

    A CWA local representing New York City Police Department traffic enforcement agents demanded $1 million in damages in a federal suit aiming to block its placement in a trusteeship, with the affiliate claiming a temporary administrator from the parent union used the local's funds as a "personal piggy bank."

  • July 21, 2025

    COVID-19 Fraudster Can Keep His Pension, Conn. Judge Says

    A former Connecticut firefighter who pled guilty in connection with a COVID-19 relief fund scam can keep the pension he earned through 26 years of service, a state trial court judge has ruled, pointing to the employee's otherwise clean record and comparatively lesser role in the scheme.

  • July 21, 2025

    Tech Co. Defends Confidentiality Clause In Separation Pact

    A technology company was allowed to ban its laid-off employees from discussing the terms of their separation agreement with their co-workers, the company argued to a National Labor Relations Board judge, defending itself against board prosecutors' claims that the agreement's confidentiality section was illegal.

  • July 21, 2025

    Bronx Defenders Reaches Tentative Deal To End Strike

    The union representing staff attorneys for the Bronx Defenders — one of several member shops of the Association of Legal Advocates and Attorneys that went on strike last week — has reached a tentative contract agreement with their managers.

  • July 21, 2025

    2nd Circ. Backs Union Win Over Concrete Cos. In CBA Fight

    The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.

  • July 21, 2025

    NLRB Official OKs Union Votes For Chicago Hotel Staff

    Dining and front desk workers at a Chicago hotel can vote on whether they want a UNITE HERE local to represent them, a National Labor Relations Board regional director concluded, finding that the nonunion employees share similar employment terms and skills with the groups of unionized workers.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Top 4 Texas Court Rulings Of 2025: Midyear Report

    Texas courts made several high-profile decisions in the first half of 2025, including backing a multibillion-dollar mattress merger, awarding more than $6 million to employees fired by Texas Attorney General Ken Paxton, and granting the state a $1.4 billion data privacy settlement with Google. Here are four of the biggest court rulings in Texas so far this year.

  • July 18, 2025

    Judge Demands Layoff Plans From Trump Administration

    A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.

  • July 18, 2025

    MSPB Certifies Class Of DOI Workers Fired Under Trump

    The Merit Systems Protection Board approved a class of probationary employees who claim the U.S. Department of the Interior unlawfully terminated them under the Trump administration, saying proceeding as a class is the most efficient way to move the case forward.

  • July 18, 2025

    Judge Axes NRTW-Repped Worker's NLRB Constitutional Row

    A worker represented by the National Right to Work Foundation did not prove that removal protections for National Labor Relations Board judges caused him harm, a D.C. federal judge ruled, dismissing the constitutional challenge against the agency.

  • July 18, 2025

    1 Year Later: FLSA Ruling ON NCAA Athletes Was 'Bunker Hill'

    Student athletes' employee status as athletes is slugging along in a lower court, but the Third Circuit's opinion opening the door to coverage under the Fair Labor Standards Act continues to reverberate a year later and shows how wage and hour law needs to evolve, attorneys say.

  • July 18, 2025

    Court Finds Mich. Law Applies To CBAs Silent On Sick Time

    A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.

  • July 18, 2025

    Midyear Review: Labor And Employment Trends Shaping 2025

    The first half of 2025 saw a shifting labor and employment law landscape that set the stage for a potentially transformative second half of the year. Will a restored quorum jump-start the EEOC? Could the Fair Labor Standards Act be updated to better address remote work? What's next for National Labor Relations Board member Gwynne Wilcox's challenge to her unprecedented removal?

  • July 18, 2025

    NFLPA Head Resigns Amid Possible Conflict Of Interest

    The executive director of the NFL's labor union has resigned, saying his leadership has become a distraction after it came to light publicly that he is working as a part-time consultant for one of the private equity firms approved by the league to pursue minority ownership

Expert Analysis

  • Focus On Political Stances May Weaken Labor Unions

    Author Photo

    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

    Author Photo

    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

    Author Photo

    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • After Chevron: What Loper Bright Portends For The NLRB

    Author Photo

    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • What's Next After NLRB Ruling On Overbroad Noncompetes

    Author Photo

    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

    Author Photo

    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

    Author Photo

    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • Big Business May Come To Rue The Post-Administrative State

    Author Photo

    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

    Author Photo

    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

    Author Photo

    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

    Author Photo

    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

    Author Photo

    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.