Labor

  • July 23, 2025

    NLRB Precedent Shifts Still Far Away Despite Nominees

    The freeze that has gripped the National Labor Relations Board during the first six months of the year showed signs of thawing last week as nominees took key steps forward, but experts said there are still major hurdles they must clear before the board can return to normal function.

  • July 23, 2025

    DLA Piper Employment Atty Jumps To Davis Wright In LA

    Davis Wright Tremaine LLP is expanding its employment law team, announcing this week that it has brought in a DLA Piper litigator as a partner in its Los Angeles office.

  • July 23, 2025

    NLRB Judge Hits Sporting Retailer With Cemex Bargain Order

    Sportsman's Warehouse must face a bargaining order under the National Labor Relations Board's Cemex standard, an NLRB judge ruled, saying the company committed one of the "most flagrant" unfair labor practices by threatening to shutter an Arizona store if workers unionized.

  • July 23, 2025

    NYLAG Union Is Latest ALAA Shop To Reach Tentative Deal

    Another one of the several Association of Legal Advocates and Attorneys unions that went on strike in New York City last week announced on Tuesday that it has reached a tentative agreement with its managers.

  • July 23, 2025

    Phoenix Dispensary Ordered To Rehire Union Supporter

    A Phoenix cannabis dispensary violated the National Labor Relations Act by threatening to reduce workers' pay and benefits if they unionized and by firing a union supporter, a National Labor Relations Board judge ruled, saying the worker must be rehired.

  • July 22, 2025

    8th Circ. Won't Let Union Derail Order To Arbitrate BNSF Battle

    An arbitration panel must review a Teamsters unit's claims that BNSF Railway Co. illegally subcontracted maintenance-of-way work that could go to union members, the Eighth Circuit ruled, concluding the court lacks jurisdiction because the dispute involves interpreting collective bargaining agreements.

  • July 22, 2025

    Worker Deserved Firing, Starbucks Tells 5th Circ.

    The National Labor Relations Board ignored evidence of a fired Starbucks employee's repeated policy violations when ruling that the worker was fired because of the company's animus toward his union organizing activities, Starbucks told the Fifth Circuit, asking it to overturn the board's ruling.

  • July 22, 2025

    Plumbing Co. Illegally Tried To Quell Union, NLRB Judge Says

    A plumbing company in Illinois violated federal labor law by threatening to fire workers and refusing to negotiate in good faith with their union, a National Labor Relations Board judge ruled, finding a one-year extension of the certification year and notice reading remedies are justified.

  • July 22, 2025

    DC Circ. Axes Baristas' NLRB Suit Over Lack Of Quarrel

    Two Starbucks workers can't challenge National Labor Relations Board members' job protections because the government agrees that they violate the U.S. Constitution, the D.C. Circuit said Tuesday in a decision affirming the suit's dismissal.

  • July 22, 2025

    IRS Workforce Has Nosedived 25% Since February

    More than 25,000 Internal Revenue Service employees have left since February, a 25% overall reduction in staff driven mostly by workers who took a downsizing deal allowing them to resign while still being paid, the Treasury Inspector General for Tax Administration said Tuesday.

  • July 21, 2025

    CWA Unit Decries Use Of Its Funds As 'Personal Piggy Bank'

    A CWA local representing New York City Police Department traffic enforcement agents demanded $1 million in damages in a federal suit aiming to block its placement in a trusteeship, with the affiliate claiming a temporary administrator from the parent union used the local's funds as a "personal piggy bank."

  • July 21, 2025

    COVID-19 Fraudster Can Keep His Pension, Conn. Judge Says

    A former Connecticut firefighter who pled guilty in connection with a COVID-19 relief fund scam can keep the pension he earned through 26 years of service, a state trial court judge has ruled, pointing to the employee's otherwise clean record and comparatively lesser role in the scheme.

  • July 21, 2025

    Tech Co. Defends Confidentiality Clause In Separation Pact

    A technology company was allowed to ban its laid-off employees from discussing the terms of their separation agreement with their co-workers, the company argued to a National Labor Relations Board judge, defending itself against board prosecutors' claims that the agreement's confidentiality section was illegal.

  • July 21, 2025

    Bronx Defenders Reaches Tentative Deal To End Strike

    The union representing staff attorneys for the Bronx Defenders — one of several member shops of the Association of Legal Advocates and Attorneys that went on strike last week — has reached a tentative contract agreement with their managers.

  • July 21, 2025

    2nd Circ. Backs Union Win Over Concrete Cos. In CBA Fight

    The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.

  • July 21, 2025

    NLRB Official OKs Union Votes For Chicago Hotel Staff

    Dining and front desk workers at a Chicago hotel can vote on whether they want a UNITE HERE local to represent them, a National Labor Relations Board regional director concluded, finding that the nonunion employees share similar employment terms and skills with the groups of unionized workers.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Top 4 Texas Court Rulings Of 2025: Midyear Report

    Texas courts made several high-profile decisions in the first half of 2025, including backing a multibillion-dollar mattress merger, awarding more than $6 million to employees fired by Texas Attorney General Ken Paxton, and granting the state a $1.4 billion data privacy settlement with Google. Here are four of the biggest court rulings in Texas so far this year.

  • July 18, 2025

    Judge Demands Layoff Plans From Trump Administration

    A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.

  • July 18, 2025

    MSPB Certifies Class Of DOI Workers Fired Under Trump

    The Merit Systems Protection Board approved a class of probationary employees who claim the U.S. Department of the Interior unlawfully terminated them under the Trump administration, saying proceeding as a class is the most efficient way to move the case forward.

  • July 18, 2025

    Judge Axes NRTW-Repped Worker's NLRB Constitutional Row

    A worker represented by the National Right to Work Foundation did not prove that removal protections for National Labor Relations Board judges caused him harm, a D.C. federal judge ruled, dismissing the constitutional challenge against the agency.

  • July 18, 2025

    1 Year Later: FLSA Ruling ON NCAA Athletes Was 'Bunker Hill'

    Student athletes' employee status as athletes is slugging along in a lower court, but the Third Circuit's opinion opening the door to coverage under the Fair Labor Standards Act continues to reverberate a year later and shows how wage and hour law needs to evolve, attorneys say.

  • July 18, 2025

    Court Finds Mich. Law Applies To CBAs Silent On Sick Time

    A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.

  • July 18, 2025

    Midyear Review: Labor And Employment Trends Shaping 2025

    The first half of 2025 saw a shifting labor and employment law landscape that set the stage for a potentially transformative second half of the year. Will a restored quorum jump-start the EEOC? Could the Fair Labor Standards Act be updated to better address remote work? What's next for National Labor Relations Board member Gwynne Wilcox's challenge to her unprecedented removal?

  • July 18, 2025

    NFLPA Head Resigns Amid Possible Conflict Of Interest

    The executive director of the NFL's labor union has resigned, saying his leadership has become a distraction after it came to light publicly that he is working as a part-time consultant for one of the private equity firms approved by the league to pursue minority ownership

Expert Analysis

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Trump Presidency May Influence NLRB's Next Phase

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    Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

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