Labor

  • June 04, 2025

    NJ Contractor Tells 3rd Circ. One-Man Rule Voids CBA

    A New Jersey contractor told a Third Circuit panel Wednesday that it isn't obliged to negotiate over a successor collective bargaining agreement with union-represented sheet metal workers, arguing it no longer employs any workers represented by the union.

  • June 04, 2025

    3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases

    A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    5th Circ. Revives United Flight Attendant's Age Bias Suit

    The Fifth Circuit on Wednesday reopened a former flight attendant's lawsuit claiming United Airlines used allegations of misconduct as a pretext to fire her because she was in her 50s, saying a trial court erred in concluding that her case was preempted by federal labor law.

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    NY Judge Orders Temporary Block On DOL's Job Corps Cuts

    A New York federal judge on Wednesday issued a temporary restraining order to stop the U.S. Department of Labor from eliminating Job Corps, saying the agency can't move ahead with shutting down the more than 60-year-old job training program without approval from Congress.

  • June 04, 2025

    SEIU Shirked Black University Worker's Grievance, Suit Says

    A Service Employees International Union local unlawfully provided a Black former university employee with second-rate representation when he challenged his termination over a minor offense despite aggressively supporting white union members who engaged in more serious misconduct, according to a lawsuit filed in Pennsylvania federal court.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    NLRB Asks 5th Circ. To Enforce Bargaining Order At Nexstar

    The Fifth Circuit must reject Nexstar's challenge to a union's certification representing workers at two television stations in Denver, the National Labor Relations Board argued, saying the company isn't following the agency standard used when an employer wants excluded workers added to a bargaining unit.

  • June 03, 2025

    Is 'Labor Court' Proposal The Antidote To Policy Flips?

    A trio of veteran labor law experts is proposing to turn the National Labor Relations Board into a special labor court, aiming to slow the pace of policy shifts that they warn could get even more rapid if the U.S. Supreme Court strikes down removal protections for board members.

  • June 03, 2025

    Elevator Union Says Misconduct Led To Member Ousting

    Two former members of an elevator operators union didn't support their claims that they were booted from the union for supporting a candidate that the local's president didn't support, the union said, asking a New York federal court to toss the case.

  • June 03, 2025

    NLRB Defends Bargaining Waiver Shift At DC Circuit

    The National Labor Relations Board urged the D.C. Circuit to uphold a ruling that a trash hauler ducked its duty to bargain under a revived test of employers' contractual rights despite the court's well-established qualms with the union-friendly standard the board used the case to return to.

  • June 03, 2025

    WTO Useful For China Enforcement, US Trade Nominee Says

    The U.S. should work with partners at the World Trade Organization to apply further trade pressure on China, making sure the country is complying with rules and trading fairly, a Skadden partner nominated by President Donald Trump to represent the U.S. at the WTO told lawmakers Tuesday.

  • June 03, 2025

    4th Circ. Backs NLRB Order On Trucking Co.'s Union Threat

    The Fourth Circuit has upheld a National Labor Relations Board decision concluding a trucking company in Virginia made an illegal threat to workers in response to a union organizing push, and also clarified what messages from employers are protected under federal labor law.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 02, 2025

    Homeland Security Blocked From Scrapping TSA Union Deal

    A Washington federal judge on Monday blocked the U.S. Department of Homeland Security from scrapping a union deal for Transportation Security Administration workers, saying the American Federation of Government Employees had a "strong" argument that DHS was retaliating for challenging the Trump administration's "attacks on federal workers."

  • June 02, 2025

    Trimmed NLRB Budget Request Portends More Delays

    The National Labor Relations Board has proposed trimming its budget by $14 million and eliminating close to 100 jobs, cuts that experts said will further slow the agency's sluggish case-handling pace if they hold.

  • June 02, 2025

    1st Circ. Largely Backs Convictions For Cop Union Kickbacks

    The First Circuit on Monday mostly upheld the convictions of a former Massachusetts state police union president and a Beacon Hill lobbyist who were found guilty of running a kickback scheme, but ordered new sentencing hearings for them after vacating some of the guilty findings.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • June 02, 2025

    Teamsters Unit's Referral Process Is Illegal, NLRB Judge Says

    A Teamsters local in Virginia violated federal labor law by not using an objective standard when referring drivers to work on film productions, a National Labor Relations Board judge ruled while also finding the union unlawfully refused to refer a worker who filed an unfair labor practice charge against it.

  • June 02, 2025

    Pickle-Maker Must Bargain Over Sale, NLRB Judge Says

    A pickle manufacturer violated federal labor law by not bargaining with a union over the effects of the sale of its retail business and related layoffs, a National Labor Relations Board judge has ruled, rejecting the company's argument that its only bargaining obligations were those in its labor contract.

  • June 02, 2025

    NLRB Tells 5th Circ. To Ding Starbucks For Ex-CEO's Remark

    The Fifth Circuit must find that the National Labor Relations Board rightly concluded former Starbucks CEO Howard Schultz illegally told a pro-union worker they could "go work for another company," the board argued, saying a reasonable employee would consider the remark as a threat.

  • June 02, 2025

    Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute

    A longshoremen's union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.

  • June 02, 2025

    NJ Hospital Retaliated Against Nurses, NLRB Judge Finds

    An acute care hospital must reimburse a group of nurses it put on leave and offer reinstatement to one it fired because the hospital disciplined them in retaliation for their union-protected activities, a National Labor Relations Board judge ruled.

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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