Labor

  • May 09, 2025

    'See You In Court:' Fired CPSC Commissioner Vows To Sue

    Consumer Product Safety Commissioner Richard Trumka Jr. said Friday that he plans to fight President Donald Trump's attempt to fire him, arguing that the president doesn't have the authority to sack members of the independent, bipartisan commission and telling Trump, "See you in court, Mr. President."

  • May 09, 2025

    Gov't Fights Latest Challenge To Worker Resignation Offer

    A Massachusetts federal judge should toss a renewed challenge to the Trump administration's resignation incentive program for the same reasons he tossed it before, the government argued, saying the union-brought challenge is doomed because of standing issues and because it belongs before an agency, not a federal judge.

  • May 09, 2025

    NY Forecast: X Arbitration Fees Dispute At 2nd Circ.

    This week, the Second Circuit will consider social media platform X's attempt to reverse a lower court order requiring it to pay fees for arbitration proceedings with employees who claim they were not paid the full amount of severance they were owed. Here, Law360 looks at this and other cases on the docket in New York.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    $894K Award Against Construction Co. Upheld In New York

    A New York federal court deemed an arbitration award of about $895,000 valid against a construction company that failed to comply with an audit required under a collective bargaining agreement with the New York City District Council of Carpenters.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    NLRB Urges 5th Circ. To Uphold Union Certification At Nexstar

    The National Labor Relations Board defended its decision finding Nexstar Media Inc. shift leads in Denver are statutory employees who can unionize, telling the Fifth Circuit to nix the company's challenge to a union's certification and its objections to a representation election.

  • May 09, 2025

    Fisher Phillips Opens Tokyo Office Amid Regulatory Shifts

    Employer-side labor law firm Fisher Phillips has launched a Tokyo office in response to increasing client demand from American and multinational companies doing business in Japan and from Japanese companies doing business in the Americas.

  • May 09, 2025

    AFL-CIO Backs NLRB In Successor Bar Row At DC Circ.

    The D.C. Circuit doesn't need to rethink its finding that a company violated federal labor law by snubbing a union after acquiring a Puerto Rico hospital, the AFL-CIO has argued, fighting the company's challenge to both its loss and the National Labor Relations Board's successor bar doctrine.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    5th Circ. Wipes Out Southwest Attys' Religious Training Order

    The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.

  • May 08, 2025

    Kroger-Owned Chain Fights Counterclaims In Strike Row

    If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.

  • May 08, 2025

    Trump Admin Defends Gov't Restructuring As Lawful

    The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.

  • May 08, 2025

    Full DC Circ. Restores International Media Funding, For Now

    The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.

  • May 08, 2025

    6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.

  • May 08, 2025

    NLRB Captive Meeting Ban Affected Union Vote, Nexstar Says

    Nexstar Media Group Inc. challenged the certification of a union representing NewsNation workers, claiming the National Labor Relations Board's ban on what are known as captive audience meetings violated the company's First Amendment rights and unfairly influenced the vote's outcome.

  • May 08, 2025

    Mass. Heating, Plumbing Co. Must Bargain, NLRB Judge Says

    A Massachusetts heating and plumbing company's response to an organizing drive violated federal labor law, a National Labor Relations Board judge ruled, saying the company illegally fired five workers for union activity, told union supporters to quit, and promised workers better job assignments if they opposed the union.

  • May 07, 2025

    Southwest Says Union Deal Makes Sick Leave Suit Irrelevant

    Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.

  • May 07, 2025

    NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC

    A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.

  • May 07, 2025

    Uncertainty In The Air As Labor Agencies Ponder Reach

    The mostly stable jurisdictional lines between the National Labor Relations Board and the National Mediation Board are in flux as the NLRB seeks the NMB's take on which agency should oversee SpaceX and the airline industry deals with an abrupt shift in the federal labor overseers' treatment of contractors.

  • May 07, 2025

    NLRB Official Says Settlement Bars Union Ouster At Glass Co.

    A National Labor Relations Board official has tossed a worker's petition to decertify a union representing workers at a Minnesota glass company, saying a settlement between the company and union in a separate case prevents the election from going forward.

  • May 07, 2025

    NLRB Judge Says Amazon Lawfully Fired Union Backer In NY

    Amazon did not violate federal labor law by firing a union supporter and unilaterally changing certain policies about cellphone use and COVID-19 tests at a New York warehouse, a National Labor Relations Board judge ruled while finding the company illegally denied union representation during investigatory interviews.

Expert Analysis

  • 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.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

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