Labor

  • June 06, 2025

    Calif. Says Nonprofit Can't Challenge Captive Meeting Law

    California's labor commissioner asked a federal court Friday to toss a lawsuit challenging the state's law prohibiting so-called captive audience meetings, arguing that the nonprofit that sued to block the law lacks standing because it hasn't sufficiently alleged an injury or "a credible threat of prosecution."

  • June 06, 2025

    Unions Say Agencies Can't Handle Resignation Offer Dispute

    Three federal worker unions urged a Massachusetts federal judge not to toss their challenge to the president's deferred resignation offer, saying the personnel agencies the government wants to send their suit to can't decide their claims or give them a fair shake.

  • June 06, 2025

    Energy Co. Must Give Wage Info To IBEW, NLRB Judge Says

    A nuclear plant operator unlawfully refused to give an International Brotherhood of Electrical Workers local information about wages for workers the union didn't represent, a National Labor Relations Board judge ruled, finding the company must still hand over the information even though the parties notched a labor contract.

  • June 06, 2025

    DOGE Can Access Social Security Data For Now, Justices Say

    The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.

  • June 06, 2025

    Trump Seeks High Court's OK On Education Dept. Job Cuts

    The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."

  • June 06, 2025

    What To Expect As 8th Circ. Hears 'BLM' Firing Appeal

    An Eighth Circuit panel will mull how federal labor law applies to workers' support for social causes Wednesday as it hears Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron. Here, Law360 breaks down what to expect from the case.

  • June 06, 2025

    Calif. Forecast: 9th Circ. To Hear Labor Preemption Arguments

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit regarding the extent to which federal labor law preempts employment law claims, in a case involving UPS. Here's a look at that case and other labor and employment matters coming up in California.

  • June 06, 2025

    Teamsters Member Wants Film Hiring Bias Claims Kept Alive

    A longtime Teamsters member in Pittsburgh urged a federal judge not to dismiss his allegations accusing the union of age discrimination and breaching its duty of fair representation when he wasn't hired to work on a Tom Hanks film, saying the claims must head to discovery.

  • June 06, 2025

    NY Forecast: 2nd Circ. Hears SUNY Dean's Retaliation Suit

    This week, the Second Circuit will consider an attempt from a former dean at the State University of New York Upstate Medical University to revive his suit claiming he was demoted in retaliation for advocating against widespread discrimination against students and faculty. Here, Law360 looks at this and other cases on the docket in New York.

  • June 05, 2025

    'Sparse' OPM Record On Mass Firings Backs Win, Unions Say

    A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.

  • June 05, 2025

    Nurses Union, Hospital Settle Row Over Mandatory OT Work

    An American Federation of Teachers affiliate settled a federal court case aiming to stop a Connecticut hospital from requiring nurses to work overtime, with the parties telling the judge on Thursday that they agree to dismiss the union's allegations.

  • June 05, 2025

    Starbucks Union Lands 600th Store Amid Labor Battle

    Starbucks Workers United celebrated after workers at a 600th Starbucks store voted to be represented by the union, the latest milestone in the four-year effort to organize the coffee giant.

  • June 05, 2025

    Judge Won't Rethink Order On Air Marshal Union's Suit

    A trio of federal agencies can't nix the remaining claims brought by a federal air marshal union, a Pennsylvania federal judge concluded, denying the government's bid for reconsideration of a prior ruling that allowed the union's allegations about retaliation and interference to go forward.

  • June 05, 2025

    Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight

    SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."

  • June 05, 2025

    NLRB Judge Notes 'Censorship Creep' In Nix Of ULP Claims

    A National Labor Relations Board judge cleared two Las Vegas hospitals of most of the unfair labor practice claims filed against them by two unions in a decision raising concerns about the NLRB guarding "against censorship creep" when agency attorneys make claims over the legality of an employer's statements.

  • June 05, 2025

    DOL Head Vows To Fight Wage Theft With Fewer Investigators

    The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.

  • June 04, 2025

    1st Circ. Upholds Block On Trump's Education Dept. Job Cuts

    The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.

  • 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.

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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