Labor

  • July 17, 2025

    9th Circ. Panel Appears Split On Trump Order Curbing Unions

    A three-judge Ninth Circuit panel appeared divided Thursday on a lower court's ruling that halted enforcement of President Donald Trump's executive order axing labor contracts covering agencies that have "national security" aims, with one judge expressing concern over the order's implications while two questioned if they can second-guess the president's determination.

  • July 17, 2025

    Starbucks Tells 5th Circ. Remarks In Kansas Weren't Threats

    A Starbucks manager in Kansas wasn't threatening workers when she said their benefits would be "put on the table" and "could not be guaranteed" if they unionized, Starbucks told the Fifth Circuit, asking it to set aside the National Labor Relations Board's finding that the remarks violated labor law.

  • July 17, 2025

    COVID Fraudster Says State Can't Rescind Firefighter Pension

    A former Connecticut firefighter who pled guilty in relation to a West Haven COVID-19 relief fund scam says he should keep the pension he earned through 26 years of service in a neighboring city, arguing his crime bore no connection to his onetime employment and did not breach his union contract.

  • July 17, 2025

    NLRB Official Pulls Biden-Era Operations Memos

    A National Labor Relations Board attorney informed regional offices Thursday about the rescinding of agency operations guidance put out during the Biden administration, walking back memoranda involving references to workers' pronouns in board filings and a fact sheet about immigration status.

  • July 17, 2025

    New Crop Of SoCal Amazon Drivers Affiliates With Teamsters

    Another crop of Amazon delivery drivers in Southern California has announced affiliation with the Teamsters, becoming the latest drivers at the company's DAX5 facility in the City of Industry to go public with their union drive.

  • July 17, 2025

    Circuits' Respect For NLRB Continues Post-Chevron

    The federal appeals courts have continued to back the National Labor Relations Board's legal interpretations even as they've set out varying views of the deference they owe after the U.S. Supreme Court's decision last year to set a stricter standard for agency reviews.

  • July 17, 2025

    Co.'s Refusal To Rehire Strikers Was Illegal, NLRB Judge Says

    A metal manufacturer in Pennsylvania illegally refused to recall strikers previously represented by the United Auto Workers, a National Labor Relations Board judge determined, saying the union's unconditional offer for workers to come back on the job was valid even after the company withdrew recognition.

  • July 17, 2025

    Starbucks Defends Initial Union Reponse In NLRB Challenge

    Starbucks disputed the National Labor Relations Board's finding that it committed a torrent of labor violations by micromanaging its Buffalo-area stores following the first burst of union organizing there, framing its response to the nascent campaign as routine management in a brief to the Fifth Circuit.

  • July 17, 2025

    Full DC Circ. Won't Bring Fired FLRA Member Back To Work

    The full D.C. Circuit won't help a fired Federal Labor Relations Authority member go back to work, telling the member it won't reconsider a panel's order preventing her from returning to the agency that resolves federal workers' labor disputes.

  • July 17, 2025

    Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts

    Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.

  • July 17, 2025

    CFTC Restructures Enforcement Division Amid Layoffs

    The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.

  • July 17, 2025

    NLRB Official OKs Union Vote At Washington Safeway

    The employees of a Safeway pharmacy in Washington state can vote on union representation, a National Labor Relations Board regional official said, rejecting the company's argument that the board's lack of a quorum prevents regional officials from processing petitions for union representation elections.

  • July 17, 2025

    NJ Co. Illegally Pulled SEIU's Recognition, NLRB Judge Says

    A New Jersey food service provider violated federal labor law by withdrawing a Service Employees International Union local's recognition and not giving new employees dues authorization forms, a National Labor Relations Board judge ruled, finding the company failed to prove that the union lost majority support.

  • July 17, 2025

    Food Workers Union Seeks To Enforce PTO Arbitration Award

    A food company is flouting an arbitration award that required it to apply a new policy on paid time off, a union representing grocery and food workers said, urging a Minnesota federal court to enforce the award.

  • July 17, 2025

    Trump Picks Two For NLRB, Setting Up Return Of Quorum

    President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.

  • July 16, 2025

    Union Pension Fund Says Cos. Can't Get Fees In ERISA Row

    A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.

  • July 16, 2025

    Tesla Contractor Must Rehire Carpenter, NLRB Judge Says

    A National Labor Relations Board judge on Wednesday ordered a Tesla contractor to rehire a carpenter fired following a series of workplace actions, rejecting the company's claim that he deserved his firing and was a supervisor without labor rights.

  • July 16, 2025

    Legal Aid Union Avoids Bias Claims Over Disciplinary Attempt

    A legal aid attorneys' union didn't violate antidiscrimination laws by moving to discipline three members after they sued to block a controversial pro-Palestine resolution, but it may have violated labor law, a New York federal judge said, letting a trimmed version of the members' lawsuit against the union proceed.

  • July 16, 2025

    Key GOP Senator Grills NLRB GC Nom On Law, Experience

    President Donald Trump's nominee for general counsel of the National Labor Relations Board faced tough questions Wednesday on her background as a management-side attorney and her views on federal labor law from a senator who is poised to be a key vote on whether she'll be confirmed as the agency's top prosecutor.

  • July 16, 2025

    Ex-Union Official Wants Probation For $15K Embezzlement

    The former financial secretary of a Pittsburgh-area steelworkers' union on Wednesday asked a federal court to sentence him to probation and nearly $15,000 in restitution after he pled guilty to embezzling funds.

  • July 16, 2025

    NLRB Judge Allows Raises Given By Post-Gazette Amid Strike

    The Pittsburgh Post-Gazette did not violate federal labor law by granting wage hikes and bonuses to workers who crossed the picket line, a National Labor Relations Board judge ruled, while finding the newspaper illegally shut out the union over a bonus rollout in 2023.

  • July 15, 2025

    Trump Admin Fires 17 More Immigration Judges, Union Says

    The Trump administration has fired 17 more immigration judges, bringing the total of immigration judges that have either been terminated, transferred or accepted retirement offers since January to 103, according to an announcement made Tuesday by the union that represents them.

  • July 15, 2025

    Teamsters' Strike Tactics Illegal, Republic Services Tells Court

    Strikers representing the Boston-based Teamsters local that started a now-nationwide strike against waste management firm Republic Services have engaged in illegal tactics during their two weeks of picketing so far, the company told a Massachusetts federal court.

  • July 15, 2025

    NLRB Union Election Bars Could Be Vulnerable Post-Chevron

    The anticipated return of a Republican majority on the National Labor Relations Board and changes to how courts review agency decisions might bolster challenges to board rules that block union representation elections from taking place in specific circumstances, experts said.

  • July 15, 2025

    9th Circ. Won't Revive SAG-AFTRA Vax Mandate Challenge

    The Ninth Circuit declined Tuesday to reinstate a suit claiming SAG-AFTRA shirked its duties to union members by greenlighting a COVID-19 vaccine mandate to get actors back to work during the pandemic, ruling their claims are either untimely or preempted by federal labor law.

Expert Analysis

  • 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.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

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