Labor

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    Plumbing Co.'s Wage Talk Ban Was Illegal, NLRB Judge Says

    A plumbing company in Utah threatened to fire employees for talking about compensation and terminated a worker in violation of federal labor law, a National Labor Relations Board judge ruled, finding the owner of the business can't bar employees from discussing pay with one another.

  • April 11, 2025

    Mich. Co. Kept Truckers In Dark About Healthcare, Union Says

    A Detroit trucking company's union contract required it to provide its workers with health insurance, but the company didn't take the necessary steps to ensure that employees signed up, a Teamsters local told a Michigan federal judge, seeking to compel the company to provide the benefit.

  • April 10, 2025

    ALA, AFSCME Sue To Stop Trump Cuts To Library Services

    President Donald Trump's administration is acting against Congress' will by making significant cuts to the agency that serves as "the lifeblood of the American library system," the American Library Association and a federal workers' union argued in Washington, D.C., federal court Thursday, asking the court to reverse the cuts.

  • April 10, 2025

    NLRB Quorum Uncertainty Could Lead To More Union Action

    Continued uncertainty over whether the National Labor Relations Board has a quorum amid a legal challenge to member Gwynne Wilcox's firing could make unions consider taking more direct actions instead of turning to the board, attorneys for unions and employers said.

  • April 10, 2025

    DC Circ. Won't Rethink Jones Lang LaSalle Bargaining Order

    The D.C. Circuit rejected on Thursday a request by Jones Lang LaSalle Americas Inc.'s for the appeals court to rethink its enforcement of a National Labor Relations Board bargaining order against the company and toss of challenges to a union representation election.

  • April 10, 2025

    9th Circ. Axes Ore. Workers' Union Dues Deductions Claims

    The Ninth Circuit upheld a lower court's toss of constitutional claims about pulling permission for union dues deductions from current and former employees of the state of Oregon, finding Thursday that the workers haven't shown concrete harm linked to some of their First Amendment allegations.

  • April 10, 2025

    Union Groups Say DOD Must Follow Biden Labor Pact EO

    The U.S. Department of Defense violated a Biden-era executive order by saying it won't use project labor agreements on large-scale construction projects, two labor organizations told a Washington, D.C., federal judge, saying the executive order is still valid despite a successful challenge to it before the Court of Federal Claims.

  • April 10, 2025

    DC Circ.'s Views Of Hospital's Union Offers Tough To Read

    The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.

  • April 10, 2025

    NLRB Atty Drops Some Of Case Against Auto Parts Co.

    A National Labor Relations Board prosecutor, under the leadership of the acting general counsel, sought to withdraw some unfair labor practice claims against an auto parts maker and asked to drop a bid to make the employer bargain with a United Auto Workers affiliate.

  • April 09, 2025

    'Evasive' Unions Told To List Fired Probationary Workers

    The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."

  • April 09, 2025

    What To Expect As DC Circ. Mulls Bad-Faith Bargaining Line

    The D.C. Circuit on Thursday will consider enforcing a National Labor Relations Board ruling that George Washington University Hospital sabotaged union negotiations by sticking to aggressive proposals, weighing when the content of an employer's bargaining positions can cross the line into bad faith.

  • April 09, 2025

    Google Challenges Joint Employer Finding With Accenture

    Google challenged National Labor Relations Board prosecutors' summary judgment bid alleging the company illegally refused to bargain with the Alphabet Workers Union-Communications Workers of America, arguing the company does not jointly employ unionized content creation workers at Accenture.

  • April 09, 2025

    NLRB, Teamsters Tell 9th Circ. To Deny Amazon Injunction Bid

    The Teamsters and the National Labor Relations Board urged the Ninth Circuit to reject Amazon's bid for an injunction blocking an agency prosecution, with the board arguing it is not in the public interest to lock workers out of the only federal labor law enforcement venue over alleged constitutional defects.

  • April 09, 2025

    Apple Agrees To Revise Some Worker Policies In NLRB Deal

    Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.

  • April 09, 2025

    Roberts Pauses Rehiring Of Fired NLRB, MSPB Members

    Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.

  • April 09, 2025

    SEIU Unit Urges 3rd Circ. To Nix NLRB Constitutionality Fight

    An SEIU affiliate asked the Third Circuit to uphold a lower court's denial of a preliminary injunction bid challenging the constitutionality of NLRB proceedings against a New Jersey nursing home, saying the facility's claims about showing harm could lead to making the "nation's labor laws unenforceable."

  • April 09, 2025

    Dinsmore Labor Duo Moves On To Greenspoon Marder

    Greenspoon Marder LLP has hired a labor and employment duo from Dinsmore & Shohl LLP, which they had joined in December after leaving a firm that one of them helped launch in 2022, the firm has announced.

  • April 08, 2025

    Unions Request Halt To Trump EO Aiming To End Bargaining

    Six unions asked a California federal court to block the Trump administration from imposing an executive order that would ax collective bargaining agreements at federal agencies that have "national security" aims, arguing the unions are likely to win on their claims that the government is committing constitutional violations.

  • April 08, 2025

    Judge Weighs In On Pension Claim Tiff In Yellow Corp. Ch. 11

    A Delaware bankruptcy judge has offered his views on how state, federal and bankruptcy laws impact billions of dollars in disputed claims as defunct trucking company Yellow Corp. looks to confirm a Chapter 11 plan and a settlement with pension funds.

  • April 08, 2025

    Starbucks Tears Into Missouri AG's 'Defective' DEI Lawsuit

    Starbucks urged a Missouri federal judge to toss a suit from the state's attorney general claiming the company employs diversity quotas that discriminate against white and male applicants, arguing the state hasn't presented any evidence that its diversity, equity and inclusion policies have negatively affected Missourians.

  • April 08, 2025

    Hearing On Players' Rights Yields Call To 'Get The NCAA Out'

    A congressional hearing Tuesday on the future of college sports under labor law mostly retread the same debates over athletes unionizing, though one Republican lawmaker's call to "get the [National Collegiate Athletic Association] out" drew attention from the other side of the aisle.

  • April 08, 2025

    Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data

    A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."

  • April 08, 2025

    Littler Adds 4th DC Sports Employment Attorney From Akin

    Littler Mendelson PC has brought on a former Akin Gump Strauss Hauer & Feld LLP attorney with experience representing sports leagues and teams as a shareholder in Washington, D.C., the management-side firm's latest addition to its burgeoning sports practice.

  • April 08, 2025

    Oil Co. Strikes $7.2M Deal To End Wage Suit

    An oil company agreed to pay $7.2 million to resolve a 2,200-member class action accusing it of failing to provide unionized workers with rest breaks and pay them a minimum wage, a filing in California federal court said.

Expert Analysis

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • 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.

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