Labor

  • June 16, 2025

    NLRB Official Tosses Union Vote Petition At Tenn. Honky-Tonk

    A group of security guards can't unionize at a bar and live music venue in Nashville, Tennessee, a National Labor Relations Board regional director concluded, finding some workers in the proposed bargaining unit are statutory supervisors.

  • June 16, 2025

    AFL-CIO, Unions Seek Early Win To Block Slash Of FMCS

    A group of unions and the AFL-CIO urged a New York federal judge to find the Trump administration's staffing cuts and shuttering of field offices at the Federal Mediation and Conciliation Service are unlawful, arguing the government did not have an explanation for slashing the agency's services.

  • June 13, 2025

    State Dept. Layoffs Still Violate Injunction, Judge Says

    A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.

  • June 13, 2025

    DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis

    The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.

  • June 13, 2025

    Trump Can't Pause Reinstating FLRA Chair Pending Appeal

    A Washington, D.C., federal judge on Friday rejected the Trump administration's request to pause an order requiring the Democratic chair of the Federal Labor Relations Authority's reinstatement, finding the government's request is belated and that a recent U.S. Supreme Court ruling doesn't necessarily support the stay.

  • June 13, 2025

    4th Circ. Affirms Toss Of Contractor's ULP Suit Against Union

    The Fourth Circuit affirmed the dismissal of a Maryland mechanical contractor's lawsuit against a Sheet Metal Air Rail & Transportation Workers local on Friday, ruling that the union's alleged smear campaign against the company didn't rise to the level of an unfair labor practice under the National Labor Relations Act.

  • June 13, 2025

    NY Forecast: 2nd Circ. Weighs FedEx Driver's Bias Suit

    This week, the Second Circuit will consider a former FedEx employee's attempt to revive his lawsuit claiming he was fired in retaliation for complaining about rampant harassment that management at the company did nothing to address. Here, Law360 looks at this and other cases on the docket in New York.

  • June 13, 2025

    Vox Media Workers Secure Tentative Deal After Strike Vote

    Vox Media and the Writers Guild of America East notched a tentative three-year labor contract covering around 250 workers, the union announced Friday, coming to an agreement after a majority of the bargaining unit voted to authorize a strike.

  • June 13, 2025

    Groups Tell 8th Circ. Minn. Misclassification Law Harms Them

    Trade groups urged the Eighth Circuit to overturn an order declining to block a Minnesota law from taking effect that slaps steep fines on companies that misclassify construction workers as independent contractors, saying they have standing to sue because their members will be harmed by the statute.

  • June 13, 2025

    Workers At Immigration Agency Contractor OK For Union Vote

    The employees of a Lee's Summit, Missouri, office that helps U.S. Citizenship and Immigration Services process benefit applications can vote on union representation, a National Labor Relations Board official said, rejecting the employer's argument that the union should also include employees of its Overland Park, Kansas, office.

  • June 13, 2025

    White House Stands By Biden-Era Construction Labor Rule

    The Trump administration clarified that federal agencies should still use project labor agreements on large federal construction projects, weeks after a court vacated two agencies' directives that purported to eliminate this requirement.

  • June 13, 2025

    Oregon Takes Cannabis Labor Peace Row To 9th Circ.

    Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.

  • June 13, 2025

    Colo. Appeals Upholds State Board Rules On Teacher Reviews

    A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.

  • June 13, 2025

    Calif. Forecast: Court Weighs Blocking Trump Bargaining EO

    In the coming week, attorneys should watch for a potential ruling in an attempt by six unions to temporarily block President Donald Trump's executive order that would prohibit collective bargaining agreements at certain federal agencies. Here's a look at that case and other labor and employment matters on deck in California.

  • June 13, 2025

    Ex-Labor Secretary Perez, Now At Mayer Brown, Looks Back

    After joining Mayer Brown last month, former Labor Secretary Tom Perez talked with Law360 Pulse about his latest career move, his efforts to help expand and enforce hate crime laws, and his work for President Joe Biden to promote the Infrastructure Investment and Jobs Act.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

  • June 12, 2025

    6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit

    A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.

  • June 12, 2025

    Calif. Toyota Dealership Challenges NLRB's Constitutionality

    A Toyota dealership in Northern California has become the latest employer to seek an injunction blocking a National Labor Relations Board case, telling a California federal judge that the board lacks the constitutionally sound structure necessary to hear allegations that the dealership flouted federal labor law.

  • June 12, 2025

    Grievance Backlog Not Only Exxon's Fault, NLRB Judge Says

    A National Labor Relations Board judge cleared Exxon Mobil of claims that it mishandled a hefty backlog of grievances, but found the company ducked its obligation to bargain before ending manager fill-in pay for some workers and changing its performance assessments.

  • June 12, 2025

    Mich. Plant Ducks Bargain Order Despite Flouting Labor Law

    The Detroit-area outpost of a Chinese auto parts manufacturer violated federal labor law by telling workers they couldn't talk about unionizing on company time and attempting to influence workers by providing them with a Red Lobster lunch and a free afternoon of bowling, a National Labor Relations Board judge ruled.

  • June 12, 2025

    Labor Group Backs Minn. Misclassification Law At 8th Circ.

    The Eighth Circuit should affirm an order declining to temporarily block a Minnesota law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, a labor organization said, because workers' wages will continue to be eroded without the statute.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    Think Tank Says Ill. 'Captive Audience' Fight Should Proceed

    A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.

  • June 11, 2025

    Calif. Judge Shuts Down Amazon's Bid To Block NLRB Case

    Amazon can't win another attempt to block a National Labor Relations Board proceeding about its alleged unfair labor practices involving delivery drivers in California, a federal judge ruled, saying the company hasn't shown it is experiencing irreparable harm.

Expert Analysis

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • 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.

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