Labor

  • July 09, 2025

    Boston U. Beats Ex-Worker's Suit Over Sex Harassment Probe

    Boston University defeated a former maintenance employee's lawsuit alleging the school bungled its investigation into a sexual harassment complaint against him, with a Massachusetts federal judge ruling the worker's claim was preempted by federal labor law because it required examining his union contract.

  • July 09, 2025

    HELP Sets Hearing On NLRB GC, EEOC Member Noms

    President Donald Trump's picks to be the general counsel of the National Labor Relations Board and fill a vacancy on the U.S. Equal Employment Opportunity Commission will face their first test next week at a U.S. Senate committee hearing.

  • July 09, 2025

    Dispensary Workers Who Ousted Union Can't Have New Vote

    Workers at a Salt Lake City cannabis dispensary can't vote on representation by a Teamsters local, a National Labor Relations Board regional director determined, saying federal labor law blocks an election with a subunit of workers who participated in a decertification vote within the last year.

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    Hotel Defends NLRB Judge's Support For Customer Rule

    A National Labor Relations Board judge properly tossed a former Miami Beach hotel worker's claim that the hotel maintained an unlawful rule pertaining to communications with customers, the employer told the NLRB, asking the board to affirm the judge's dismissal of the case.

  • July 09, 2025

    NYC Homelessness Nonprofit Denied NLRB Injunction Hearing

    A New York City nonprofit that operates youth homeless shelters was denied its request for discovery and a hearing as part of an injunction bid it faces from the National Labor Relations Board, a federal judge ruled, finding relevant evidence would not arise from such proceedings.

  • July 08, 2025

    Chicago Nabs Early Win In City Workers' Genetic Bias Suit

    The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.

  • July 08, 2025

    Judge Halts Plan To Slash AmeriCorps Workforce, Funding

    A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.

  • July 08, 2025

    Fired FLRA Member Asks DC Circ. To Ax Stay Of Rehire Order

    A District of Columbia Circuit panel erred last week by blocking a court order that had reinstated a fired Federal Labor Relations Authority member in March, the member told the full D.C. Circuit, asking the court to reverse the block and let her keep her job.

  • July 08, 2025

    DC Circ. Says Teacher's Settlement Didn't Guarantee Rehiring

    The D.C. Circuit refused to reopen a teacher's lawsuit claiming D.C. Public Schools violated an agreement settling sexual harassment allegations when it declined to rehire him, ruling Tuesday the pact only guaranteed that he would be allowed to reapply for teaching jobs.

  • July 08, 2025

    Suits Test States' Power To Regulate Farm Labor

    The farmworker unionization schemes in California and New York are under threat as groups of workers join growers in probing the courts' appetite to limit states' powers to give farmworkers the rights to unionize and collectively bargain.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

  • July 08, 2025

    NLRB Defends Multiemployer Talks Ruling At 6th Circ.

    The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    MLB Pension Plan Says Spouse Of 7 Weeks Doesn't Qualify

    Major League Baseball's pension plan doubled down Monday on its argument that a woman who married a retired Cincinnati Reds pitcher seven weeks before he died cannot collect surviving spouse benefits, saying marriages must last a year for spouses to qualify.

  • July 07, 2025

    5 Labor Cases To Watch In The 2nd Half Of 2025

    The second half of the year could be consequential for labor law practitioners as courts consider challenges to National Labor Relations Board rulings easing bargaining orders and limiting how employers can respond to union election campaigns. Here, Law360 looks at these and other cases to watch in the second half.

  • July 07, 2025

    Plumbers Union Pushes NLRB To Allow 2nd Vote

    A plumbers union called for the National Labor Relations Board to uphold a regional director's order for a second representation vote, arguing a family-owned company in Kentucky committed federal labor law violations warranting another vote.

  • July 07, 2025

    Ex-Driver Says Firing Suit Against Co., Union Must Proceed

    A former bread deliveryman was following his employer's rules when he refused to make a delivery that would have been unsafe because of road conditions, the deliveryman told an Ohio federal judge, asking her to preserve his lawsuit against his former employer and union.

  • July 07, 2025

    ​​​​​​​Gov't Says OPM Didn't Order Probationary Worker Firings

    The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    No NLRB Quorum Means No Union Certification, Co. Argues

    A cargo handling contractor at the Cleveland airport is fighting its employees' unionization, asking a National Labor Relations Board official to reconsider her decision to certify an International Association of Machinists local as the workers' bargaining representative.

  • July 07, 2025

    More NY Public Interest Attys And Advocates Authorize Strikes

    Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.

  • July 03, 2025

    Elevator Workers Fight Dismissal Of Union Retaliation Suit

    A New York federal judge should preserve claims that a New York City elevator workers' union unlawfully ousted one business agent and demoted another after they supported a business agent candidate that the union's president opposed, the men argued, saying the record shows the union's actions were politically motivated.

  • July 03, 2025

    Longshoreman Seeks TRO To Halt Union's Alleged Retaliation

    An International Longshoremen's Association member in Miami sought an order blocking the union from retaliating against him, telling a Florida federal judge that the union is "weaponizing" the grievance process because he backed an opposing slate in internal officer elections.

Expert Analysis

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • 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.

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