Labor

  • July 03, 2025

    Teamsters Unit Beats Suit Over Honoring Picket Lines

    Allegations that a Teamsters local in Washington state breached labor agreements by encouraging drivers it represented not to cross picket lines during a strike don't hold water, a federal judge ruled, rejecting a construction company's broad interpretation of these pacts.

  • July 03, 2025

    Casino Must Rehire Cook, But Bartender Dismissals OK

    A Las Vegas Strip casino was within its rights to fire two bartenders but violated labor law by firing a cook, a National Labor Relations Board judge ruled, finding the casino discharged the bartenders for a legitimate reason but fired the cook because he spoke out about working conditions.

  • July 03, 2025

    Wilcox Saga Holds Labor Spotlight Entering 2nd Half Of 2025

    National Labor Relations Board member Gwynne Wilcox's firing has disabled key functions at the agency charged with overseeing worker organizing and labor relations in much of the private sector, and her challenge to the unprecedented removal could upend a pillar of administrative law. Here, Law360 explores the biggest labor story of the year so far.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Justices Clarify Question Underlying Withdrawal Liability Case

    The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.

  • July 02, 2025

    Teamsters Say Kroger Must Arbitrate Health Insurance Dispute

    A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.

  • July 02, 2025

    Trump Federal Worker Policy Tested Unions In 2025's 1st Half

    Since returning to the White House in January, President Donald Trump has taken a number of actions to pare back the U.S. government workforce, including widespread layoffs and agency restructurings, but federal workers' unions have sought to curb those efforts by filing a flood of lawsuits — with mixed results.

  • July 02, 2025

    NLRB GC Accuses Starbucks Of 'Nationwide' Anti-Union Effort

    National Labor Relations Board prosecutors claimed Starbucks deployed a "nationwide strategy to crush" unionization efforts in challenging an agency judge's denial of remedies, arguing that the board must find the coffee giant illegally fired five workers who went inside a South Carolina store after hours to clean it.

  • July 02, 2025

    Medical Imaging Facility Operator Fights NLRB Rehire Order

    A National Labor Relations Board finding that a medical imaging facility operator violated an informal settlement agreement by failing to rehire a worker with back pay should be nixed, the company told the Ninth Circuit, saying she forfeited her right to reinstatement and her position no longer exists.

  • July 02, 2025

    Union Secures Award At Chicago Hotel In Migrant Shelter Row

    A Chicago hotel must comply with an arbitration award finding it failed to employ union-represented workers while it was used as a migrant shelter, an Illinois federal judge ruled, upholding conclusions that the employer tried to evade bargaining obligations.

  • July 02, 2025

    Union Backs NLRB In Starbucks Subpoena Row At 5th Circ.

    The National Labor Relations Board correctly docked Starbucks for sending workers subpoenas "demanding that they reveal every aspect of their union organizing activities" after they had agreed to testify against the company in an unfair labor practice case, Workers United told the Fifth Circuit, asking it to enforce the ruling.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 01, 2025

    NLRB Nominations Fight Expected In Second Half Of 2025

    The National Labor Relations Board has spent most of the first half of 2025 without a quorum, and while experts expect President Donald Trump to name nominees soon, competing visions for labor policy within the Republican Party might complicate their paths to confirmation. 

  • July 01, 2025

    DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal

    A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

  • July 01, 2025

    NLRB Advice Finds Worker's Secret Recording Was Illegal

    A supermarket in California lawfully fired an employee for secretly recording a colleague, a National Labor Relations Board attorney said in a memorandum, determining the terminated worker's actions lost federal labor law protection.

  • July 01, 2025

    Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views

    A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.

  • July 01, 2025

    HomeSafe Layoffs After Lost DOD Contract Spur Suit

    A Georgia man hit KBR Inc. and HomeSafe Alliance LLC with a proposed class action alleging that they failed to provide notice before terminating some 200 employees after the U.S. government scrapped a moving services contract worth up to $20 billion for performance troubles.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

  • June 30, 2025

    Transport Co. Jointly Employs Operators, NLRB Officer Says

    A contractor operating rental car shuttle services at George Bush Intercontinental Airport in Houston and a staffing firm are joint employers of workers seeking Teamsters representation, a National Labor Relations Board regional director concluded, finding the transportation company has power over some key employment terms.

  • June 30, 2025

    Union Calls For NLRB To Order 2nd Vote At NYC Restaurant

    The National Labor Relations Board must order a rerun representation election at Lodi, a restaurant in Manhattan's Rockefeller Center, a union argued, saying an agency judge was "badly mistaken" when he concluded some federal labor violations did not warrant a second vote.

Expert Analysis

  • 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.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

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