Labor

  • June 10, 2025

    Ex-Fidelity Associate GC Returns To Mayer Brown In Chicago

    Mayer Brown LLP has rehired the former co-chair of its practice focused on retirement benefit matters, who returns to the firm after helping to lead a team of attorneys at Fidelity Investments responsible for health and retirement plan litigation.

  • June 10, 2025

    Union Tells 5th Circ. To Keep Nexstar Denver Bargaining Order

    A Communications Workers of America affiliate pushed the Fifth Circuit to uphold the National Labor Relations Board's bargaining order against Nexstar at two television stations in Denver, challenging the company's claims that the union unfairly swayed a representation election.

  • June 10, 2025

    Kaplan Says NLRB Could Regain Quorum As Noms 'Imminent'

    The chairman of the National Labor Relations Board signaled Tuesday that the board may soon return to full function after months operating mostly without a quorum, saying "nominations are imminent" to fill at least some of the panel's vacancies.

  • June 09, 2025

    Unions Win Injunction In OPM, DOGE Privacy Suit

    A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."

  • June 09, 2025

    Pilot Says American Airlines Skimped On Long-Term Disability

    A disabled pilot accused American Airlines and its third-party administrator of systematically miscalculating workers' long-term disability benefits by excluding certain forms of compensation from their monthly benefit calculations, according to a suit filed in Texas federal court.

  • June 09, 2025

    NLRB May Be Spared Trump Cuts, Acting Prosecutor Says

    The acting general counsel of the National Labor Relations Board signaled optimism Monday that the board will be spared the ax in President Donald Trump's culling of federal agencies, saying that the administration has "treated us well."

  • June 09, 2025

    Senators Seek Probe Into SEIU Leader's Arrest At ICE Raid

    Three Democratic senators called on the U.S. Department of Homeland Security and U.S. Department of Justice on Monday to provide legal justification for the arrest of the president of a Service Employees International Union affiliate in California during an immigration enforcement raid last week.

  • June 09, 2025

    Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul

    The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.

  • June 09, 2025

    2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit

    The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.

  • June 09, 2025

    WaPo Unlawfully Fired Reporter For Tweets, NLRB GC Says

    National Labor Relations Board prosecutors are seeking reinstatement for a Washington Post reporter who spoke up about a coworker's retweet that she found offensive, arguing the journalist's complaints on Slack and social media were protected under federal labor law.

  • June 09, 2025

    Janitorial Contractor Fights Portland Labor Peace Policy

    A nonprofit that supplies janitors to the city of Portland, Oregon, is challenging the city's requirement for certain city contractors to enter into labor peace agreements with unions, claiming in a new lawsuit in federal court that the rule is preempted by the National Labor Relations Act.

  • June 06, 2025

    Trump Cuts To Federal Library Agency Can Resume, For Now

    Employees of the federal agency that provides grants and resources to public libraries cannot immediately get blocked President Donald Trump's executive order dismantling the agency, a Washington, D.C., federal judge ruled Friday, saying there is a likelihood the case belongs in the Court of Federal Claims.

  • June 06, 2025

    Union, NYC Opera Notch Tentative Deal For 1-Year Contract

    The American Guild of Musical Artists and the Metropolitan Opera announced Friday that the parties saw eye-to-eye on a tentative agreement for a one-year collective bargaining agreement, saying the deal includes wage hikes.

  • June 06, 2025

    Calif. Says Nonprofit Can't Challenge Captive Meeting Law

    California's labor commissioner asked a federal court Friday to toss a lawsuit challenging the state's law prohibiting so-called captive audience meetings, arguing that the nonprofit that sued to block the law lacks standing because it hasn't sufficiently alleged an injury or "a credible threat of prosecution."

  • June 06, 2025

    Unions Say Agencies Can't Handle Resignation Offer Dispute

    Three federal worker unions urged a Massachusetts federal judge not to toss their challenge to the president's deferred resignation offer, saying the personnel agencies the government wants to send their suit to can't decide their claims or give them a fair shake.

  • June 06, 2025

    Energy Co. Must Give Wage Info To IBEW, NLRB Judge Says

    A nuclear plant operator unlawfully refused to give an International Brotherhood of Electrical Workers local information about wages for workers the union didn't represent, a National Labor Relations Board judge ruled, finding the company must still hand over the information even though the parties notched a labor contract.

  • June 06, 2025

    DOGE Can Access Social Security Data For Now, Justices Say

    The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.

  • June 06, 2025

    Trump Seeks High Court's OK On Education Dept. Job Cuts

    The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."

  • June 06, 2025

    What To Expect As 8th Circ. Hears 'BLM' Firing Appeal

    An Eighth Circuit panel will mull how federal labor law applies to workers' support for social causes Wednesday as it hears Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron. Here, Law360 breaks down what to expect from the case.

  • June 06, 2025

    Calif. Forecast: 9th Circ. To Hear Labor Preemption Arguments

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit regarding the extent to which federal labor law preempts employment law claims, in a case involving UPS. Here's a look at that case and other labor and employment matters coming up in California.

  • June 06, 2025

    Teamsters Member Wants Film Hiring Bias Claims Kept Alive

    A longtime Teamsters member in Pittsburgh urged a federal judge not to dismiss his allegations accusing the union of age discrimination and breaching its duty of fair representation when he wasn't hired to work on a Tom Hanks film, saying the claims must head to discovery.

  • June 06, 2025

    NY Forecast: 2nd Circ. Hears SUNY Dean's Retaliation Suit

    This week, the Second Circuit will consider an attempt from a former dean at the State University of New York Upstate Medical University to revive his suit claiming he was demoted in retaliation for advocating against widespread discrimination against students and faculty. Here, Law360 looks at this and other cases on the docket in New York.

  • June 05, 2025

    'Sparse' OPM Record On Mass Firings Backs Win, Unions Say

    A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.

  • June 05, 2025

    Nurses Union, Hospital Settle Row Over Mandatory OT Work

    An American Federation of Teachers affiliate settled a federal court case aiming to stop a Connecticut hospital from requiring nurses to work overtime, with the parties telling the judge on Thursday that they agree to dismiss the union's allegations.

  • June 05, 2025

    Starbucks Union Lands 600th Store Amid Labor Battle

    Starbucks Workers United celebrated after workers at a 600th Starbucks store voted to be represented by the union, the latest milestone in the four-year effort to organize the coffee giant.

Expert Analysis

  • 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.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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