Labor

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

  • July 01, 2025

    NLRB Advice Finds Worker's Secret Recording Was Illegal

    A supermarket in California lawfully fired an employee for secretly recording a colleague, a National Labor Relations Board attorney said in a memorandum, determining the terminated worker's actions lost federal labor law protection.

  • July 01, 2025

    Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views

    A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.

  • July 01, 2025

    HomeSafe Layoffs After Lost DOD Contract Spur Suit

    A Georgia man hit KBR Inc. and HomeSafe Alliance LLC with a proposed class action alleging that they failed to provide notice before terminating some 200 employees after the U.S. government scrapped a moving services contract worth up to $20 billion for performance troubles.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

  • June 30, 2025

    Transport Co. Jointly Employs Operators, NLRB Officer Says

    A contractor operating rental car shuttle services at George Bush Intercontinental Airport in Houston and a staffing firm are joint employers of workers seeking Teamsters representation, a National Labor Relations Board regional director concluded, finding the transportation company has power over some key employment terms.

  • June 30, 2025

    Union Calls For NLRB To Order 2nd Vote At NYC Restaurant

    The National Labor Relations Board must order a rerun representation election at Lodi, a restaurant in Manhattan's Rockefeller Center, a union argued, saying an agency judge was "badly mistaken" when he concluded some federal labor violations did not warrant a second vote.

  • June 30, 2025

    NY Legal Services Union Chapters Authorize Strikes

    Two chapters of the Association of Legal Aid Attorneys held practice pickets on Monday afternoon after voting to authorize a strike as members across New York City approach the end of their collective bargaining agreements.

  • June 30, 2025

    NLRB Official OKs Union Vote For Penn Postdocs

    A National Labor Relations Board official has approved an election for about 1,500 postdoctoral fellows and research assistants at the University of Pennsylvania to vote on representation by the United Auto Workers, rejecting the university's contention that they were ineligible to unionize under federal labor law.

  • June 30, 2025

    Justices Will Review Union Fund's Withdrawal Liability Math

    The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.

  • June 27, 2025

    NLRB Seeks Longer Hotel Injunction Due To Lack Of Quorum

    The National Labor Relations Board asked a New Jersey federal judge Friday to extend an injunction that requires a Marriott-affiliated hotel to recognize a union and reinstate six workers, saying it can't resolve an administrative case at the moment due to the board's lack of a quorum.

  • June 27, 2025

    DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case

    The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.

  • June 27, 2025

    As Feds' Bargaining Mediator Ails, New Services Emerge

    As uncertainty looms over the future of the federal mediation agency that employers and unions often rely on to break bargaining standoffs, a few states and private institutions are seeking to fill in the gaps with new or expanded services.

  • June 27, 2025

    Judge Lets DOGE Access Go On But Cites 'Grave' Concerns

    A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.

  • June 27, 2025

    7th Circ. Says Union Backed Worker Who Claimed Bias

    The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.

  • June 27, 2025

    News Union Backs NLRB's Subpoena Scrutiny At 5th Circ.

    The NewsGuild asked the Fifth Circuit to enforce a National Labor Relations Board ruling that Starbucks sent overbroad subpoenas to two California workers, saying the subpoenas wrongfully requested communications between workers and the media.

  • June 27, 2025

    Acting NLRB GC Says Secret Taping Of Negotiations Is Illegal

    The National Labor Relations Board's acting general counsel laid out his theory for why secretly recording parties at the negotiating table is unlawful, saying the act of taping these discussions is bad faith bargaining under federal labor law.

  • June 27, 2025

    Calif. Forecast: Staffing Co. Wants Discrimination Case Axed

    In the coming week, attorneys should keep an eye out for arguments in a staffing company's renewed attempt to toss a disability discrimination case. Here's a look at that case and other labor and employment matters coming up in California.

  • June 26, 2025

    NY Looks To Snuff Out Pot Shop's Labor Peace Law Spat

    New York cannabis regulators fought a dispensary operator's challenge to a state law making companies sign on to labor peace agreements with unions to have a license, telling a federal judge Thursday that the business can't show harm from the pact because it doesn't have employees.

  • June 26, 2025

    Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling

    Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."

  • June 26, 2025

    GOP Lawmaker Introduces Bill To Overhaul Labor Law

    The Republican chairman of a House subcommittee unveiled a new iteration of a bill he said would provide a right to secret-ballot representation votes and that would bar diversity, equity and inclusion efforts in labor contracts.

  • June 26, 2025

    Wash. High Court Says State CBAs Are Private Until Funded

    The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.

Expert Analysis

  • 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.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Trump Presidency May Influence NLRB's Next Phase

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    Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.

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