Labor

  • 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.

  • June 11, 2025

    Ex-NLRB GC Warns Of More Strikes With Inactive NLRB

    Uncertainty about the long-term stability and independence of the National Labor Relations Board could increase labor unrest and spur workers and unions to take to the picket lines more often, former NLRB general counsel Jennifer Abruzzo told a House panel Wednesday, urging Congress to step in to strengthen the board.

  • June 11, 2025

    Worker Asks NLRB To Rethink Standard Barring Ouster Votes

    Unfair labor practice settlements without admissions clauses must only prevent decertification elections for no longer than six months, a worker represented by the National Right to Work Legal Defense Foundation contended to the NLRB, seeking to overturn agency precedent on what is considered a reasonable time to negotiate a contract.

  • June 11, 2025

    Amazon Union Reps Defend Suit Challenging NYPD Arrests

    Amazon should face claims that it started illegally calling the police on labor demonstrations after its workers' union affiliated with the Teamsters, Amazon Labor Union officials argued, asking a New York federal judge to preserve a lawsuit that also names the New York Police Department as a defendant.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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