Labor

  • 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.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

Expert Analysis

  • 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.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

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