Labor

  • July 18, 2025

    Judge Axes NRTW-Repped Worker's NLRB Constitutional Row

    A worker represented by the National Right to Work Foundation did not prove that removal protections for National Labor Relations Board judges caused him harm, a D.C. federal judge ruled, dismissing the constitutional challenge against the agency.

  • July 18, 2025

    1 Year Later: FLSA Ruling ON NCAA Athletes Was 'Bunker Hill'

    Student athletes' employee status as athletes is slugging along in a lower court, but the Third Circuit's opinion opening the door to coverage under the Fair Labor Standards Act continues to reverberate a year later and shows how wage and hour law needs to evolve, attorneys say.

  • July 18, 2025

    Court Finds Mich. Law Applies To CBAs Silent On Sick Time

    A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.

  • July 18, 2025

    Midyear Review: Labor And Employment Trends Shaping 2025

    The first half of 2025 saw a shifting labor and employment law landscape that set the stage for a potentially transformative second half of the year. Will a restored quorum jump-start the EEOC? Could the Fair Labor Standards Act be updated to better address remote work? What's next for National Labor Relations Board member Gwynne Wilcox's challenge to her unprecedented removal?

  • July 18, 2025

    NFLPA Head Resigns Amid Possible Conflict Of Interest

    The executive director of the NFL's labor union has resigned, saying his leadership has become a distraction after it came to light publicly that he is working as a part-time consultant for one of the private equity firms approved by the league to pursue minority ownership

  • July 18, 2025

    Manager's Union Role Tainted Election, Pizzeria Tells NLRB

    A union's victory in a representation election at a Texas pizzeria was invalid because a supervisor had a key role in the union, the pizzeria argued Friday as it urged the National Labor Relations Board to reverse a regional official's decision to certify the result.

  • July 18, 2025

    NY Forecast: Judge Weighs Scope Of Job Corps Cuts Block

    In the coming week, a New York federal judge will hear arguments over how a recent U.S. Supreme Court decision limiting the use of universal injunctions might impact an order blocking the U.S. Department of Labor from suspending the Job Corps program.

  • July 18, 2025

    Musicians Say They Weren't At Stalemate With Fla. Symphony

    An American Federation of Musicians affiliate called on the Eleventh Circuit to uphold the National Labor Relations Board's conclusions that a now-defunct Florida symphony orchestra unlawfully imposed a final contract offer when the parties weren't at an impasse.

  • July 17, 2025

    Trump Creates 'Schedule G' For 'Non-Career' Federal Workers

    President Donald Trump announced Thursday a new "non-career, policy oriented" classification for federal workers called "Schedule G," a group of workers the White House said would help "faithfully implement the president's policy agenda."

  • 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 Affiliate 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 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.

Expert Analysis

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts

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    The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.