Labor

  • July 17, 2025

    Circuits' Respect For NLRB Continues Post-Chevron

    The federal appeals courts have continued to back the National Labor Relations Board's legal interpretations even as they've set out varying views of the deference they owe after the U.S. Supreme Court's decision last year to set a stricter standard for agency reviews.

  • July 17, 2025

    Co.'s Refusal To Rehire Strikers Was Illegal, NLRB Judge Says

    A metal manufacturer in Pennsylvania illegally refused to recall strikers previously represented by the United Auto Workers, a National Labor Relations Board judge determined, saying the union's unconditional offer for workers to come back on the job was valid even after the company withdrew recognition.

  • July 17, 2025

    Starbucks Defends Initial Union Reponse In NLRB Challenge

    Starbucks disputed the National Labor Relations Board's finding that it committed a torrent of labor violations by micromanaging its Buffalo-area stores following the first burst of union organizing there, framing its response to the nascent campaign as routine management in a brief to the Fifth Circuit.

  • July 17, 2025

    Full DC Circ. Won't Bring Fired FLRA Member Back To Work

    The full D.C. Circuit won't help a fired Federal Labor Relations Authority member go back to work, telling the member it won't reconsider a panel's order preventing her from returning to the agency that resolves federal workers' labor disputes.

  • July 17, 2025

    Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts

    Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.

  • July 17, 2025

    CFTC Restructures Enforcement Division Amid Layoffs

    The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.

  • July 17, 2025

    NLRB Official OKs Union Vote At Washington Safeway

    The employees of a Safeway pharmacy in Washington state can vote on union representation, a National Labor Relations Board regional official said, rejecting the company's argument that the board's lack of a quorum prevents regional officials from processing petitions for union representation elections.

  • July 17, 2025

    NJ Co. Illegally Pulled SEIU's Recognition, NLRB Judge Says

    A New Jersey food service provider violated federal labor law by withdrawing a Service Employees International Union local's recognition and not giving new employees dues authorization forms, a National Labor Relations Board judge ruled, finding the company failed to prove that the union lost majority support.

  • July 17, 2025

    Food Workers Union Seeks To Enforce PTO Arbitration Award

    A food company is flouting an arbitration award that required it to apply a new policy on paid time off, a union representing grocery and food workers said, urging a Minnesota federal court to enforce the award.

  • July 17, 2025

    Trump Picks Two For NLRB, Setting Up Return Of Quorum

    President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.

  • July 16, 2025

    Union Pension Fund Says Cos. Can't Get Fees In ERISA Row

    A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.

  • July 16, 2025

    Tesla Contractor Must Rehire Carpenter, NLRB Judge Says

    A National Labor Relations Board judge on Wednesday ordered a Tesla contractor to rehire a carpenter fired following a series of workplace actions, rejecting the company's claim that he deserved his firing and was a supervisor without labor rights.

  • July 16, 2025

    Legal Aid Union Avoids Bias Claims Over Disciplinary Attempt

    A legal aid attorneys' union didn't violate antidiscrimination laws by moving to discipline three members after they sued to block a controversial pro-Palestine resolution, but it may have violated labor law, a New York federal judge said, letting a trimmed version of the members' lawsuit against the union proceed.

  • July 16, 2025

    Key GOP Senator Grills NLRB GC Nom On Law, Experience

    President Donald Trump's nominee for general counsel of the National Labor Relations Board faced tough questions Wednesday on her background as a management-side attorney and her views on federal labor law from a senator who is poised to be a key vote on whether she'll be confirmed as the agency's top prosecutor.

  • July 16, 2025

    Ex-Union Official Wants Probation For $15K Embezzlement

    The former financial secretary of a Pittsburgh-area steelworkers' union on Wednesday asked a federal court to sentence him to probation and nearly $15,000 in restitution after he pled guilty to embezzling funds.

  • July 16, 2025

    NLRB Judge Allows Raises Given By Post-Gazette Amid Strike

    The Pittsburgh Post-Gazette did not violate federal labor law by granting wage hikes and bonuses to workers who crossed the picket line, a National Labor Relations Board judge ruled, while finding the newspaper illegally shut out the union over a bonus rollout in 2023.

  • July 15, 2025

    Trump Admin Fires 17 More Immigration Judges, Union Says

    The Trump administration has fired 17 more immigration judges, bringing the total of immigration judges that have either been terminated, transferred or accepted retirement offers since January to 103, according to an announcement made Tuesday by the union that represents them.

  • July 15, 2025

    Teamsters' Strike Tactics Illegal, Republic Services Tells Court

    Strikers representing the Boston-based Teamsters local that started a now-nationwide strike against waste management firm Republic Services have engaged in illegal tactics during their two weeks of picketing so far, the company told a Massachusetts federal court.

  • July 15, 2025

    NLRB Union Election Bars Could Be Vulnerable Post-Chevron

    The anticipated return of a Republican majority on the National Labor Relations Board and changes to how courts review agency decisions might bolster challenges to board rules that block union representation elections from taking place in specific circumstances, experts said.

  • July 15, 2025

    9th Circ. Won't Revive SAG-AFTRA Vax Mandate Challenge

    The Ninth Circuit declined Tuesday to reinstate a suit claiming SAG-AFTRA shirked its duties to union members by greenlighting a COVID-19 vaccine mandate to get actors back to work during the pandemic, ruling their claims are either untimely or preempted by federal labor law.

  • July 15, 2025

    X Says Laid-Off Twitter Worker Not Owed A Jury Trial

    X Corp. has urged a California federal judge against holding a jury trial on a former Twitter worker's claims the company and owner Elon Musk violated state and federal laws requiring advance warning of mass layoffs, arguing the statutes don't provide for more than a bench trial.

  • July 15, 2025

    2nd Circ. Must Find Starbucks 1-Pin Policy Illegal, NLRB Says

    The National Labor Relations Board defended Tuesday its conclusions that a policy preventing workers from wearing multiple union pins at the Starbucks New York City Roastery is unlawful, telling the Second Circuit that the court's 2012 decision upholding a one-button rule isn't applicable.

  • July 15, 2025

    IAM Urges Full 9th Circ. To Rethink Work Dispute Ruling

    The International Association of Machinists urged the full Ninth Circuit to rethink a panel decision vacating a National Labor Relations Board ruling that admonished a longshoreman's union for pressing a work dispute it lost, saying the decision undermines the board's power to resolve competing claims to jobs.

  • July 15, 2025

    Kroger, Union Shouldn't Face Disability Bias Suit, Judge Says

    Kroger and a United Food and Commercial Workers local shouldn't have to face a lawsuit alleging they unlawfully refused to let a family member accompany a disabled grocery clerk during a disciplinary appeal, a Georgia federal magistrate judge recommended, saying accommodations weren't required after the worker was terminated.

  • July 15, 2025

    Trash Hauler Accused Of Blocking Competitor Amid Strike

    A Massachusetts competitor to trash hauler Allied Waste Systems says the company is interfering with its efforts to offer customers an alternative during a strike that is entering its third week, according to a complaint filed Tuesday in state court.

Expert Analysis

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

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