Labor

  • May 15, 2025

    DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge

    A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.

  • May 15, 2025

    Trump Admin Fights Cities' Bid To Restore COVID Grants

    Four local governments and a public sector union must go to the Court of Federal Claims if they want to accuse the Trump administration of improperly canceling public health grants issued during the pandemic, the administration told a Washington, D.C., federal judge, in fighting their injunction bid.

  • May 14, 2025

    Labor Groups Sue HHS Over Workplace Safety Agency Cuts

    Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.

  • May 14, 2025

    Keep DOGE Out Of Social Security Data, Unions Tell Justices

    The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.

  • May 14, 2025

    DC Judge Halts Trump Order Axing State Dept. Union Rights

    The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.

  • May 14, 2025

    Black Worker Says GM, UAW Failed To Stop Harassment

    General Motors and United Auto Workers failed to step in after a Black employee complained that a white colleague began stalking her after she started dating her ex-boyfriend and instead forced the Black worker to move departments, a lawsuit filed in New York federal court said.

  • May 14, 2025

    Landlords Detail Policies To Cut After Trump Admin Ask

    Two trade groups for apartment owners requested that federal officials eliminate COVID-19-era eviction restrictions and a framework for accepting emotional support animals, as well as undo appliance efficiency standards, union wage rates and other policies the groups say are holding back multifamily development.

  • May 14, 2025

    USPS Must Cough Up Discipline Data, NLRB Judge Says

    The U.S. Postal Service violated federal labor law by withholding disciplinary records that a union needed to resolve a grievance at a facility in Benton Harbor, Michigan, a National Labor Relations Board judge has ruled, ordering the Postal Service to hand over the records within two weeks.

  • May 14, 2025

    Teamsters Challenge Pilot's Arbitration Bid In Firing Spat

    The International Brotherhood of Teamsters and one of its locals urged an Alaska federal court to toss a pilot's bid to send his claims of unjust firing in front of a commercial airline board for arbitration purposes, saying the Railway Labor Act doesn't give airline employees that option.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    NLRB Urges 11th Circ. To Uphold Religious Jurisdiction Order

    The Eleventh Circuit must uphold a National Labor Relations Board decision finding the board lacked jurisdiction over a Florida Catholic university, the NLRB argued, saying the university met an analysis under agency precedent for deciding whether a school is a religious institution exempt from federal labor law.

  • May 13, 2025

    Trump Federal Worker Actions Will Push Unions Beyond Court

    Federal workers' unions have filed numerous lawsuits challenging actions President Donald Trump has taken to cut federal jobs and limit bargaining rights for federal employees, but experts said labor organizations will need tactics outside the courtroom to respond to arguably the most unfavorable climate they have experienced in decades.

  • May 13, 2025

    Medical School Loses Fight Against NLRB's Constitutionality

    A medical school in Nashville, Tennessee, hasn't proven it is likely to win on allegations attacking the constitutionality of National Labor Relations Board proceedings, a Tennessee federal judge ruled, finding U.S. Supreme Court precedents uphold removal protections for board members and resolve a Seventh Amendment claim.

  • May 13, 2025

    Democracy Forward Picks Up 4 More Ex-DOJ Attys

    The legal advocacy group Democracy Forward has brought on four former U.S. Department of Justice litigators, adding to a string of hires the organization has made from the federal government as it takes on the Trump administration in court.

  • May 13, 2025

    NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur

    The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.

  • May 13, 2025

    Gov't Wants 6 Months For IUOE's Ex-Prez In DOL Forms Case

    Federal prosecutors requested a six-month prison sentence for a former International Union of Operating Engineers general president after he pled guilty to failure to disclose $315,000 worth of event tickets and additional benefits in annual reports to the U.S. Department of Labor, while the ex-union leader sought probation.

  • May 12, 2025

    DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says

    A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."

  • May 12, 2025

    UAW Drops Claim Over Frozen Unemployment Benefits

    The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.

  • May 12, 2025

    Hospital's Imaging Staff Is In USW Unit, NLRB Official Says

    A new position helping with medical imaging at a Pennsylvania hospital must stay in a bargaining unit represented by the United Steelworkers, a National Labor Relations Board regional director concluded Monday, tossing the hospital's argument that a Service Employees International Union affiliate should represent this role.

  • May 12, 2025

    New Pope's Name Signals Focus On Work Issues

    The choice of the name Leo XIV signals the new pope intends to make workers' rights a pillar of his papacy as the rise of artificial intelligence presages a workplace shake-up like that of the manufacturing revolution under the last pope to bear the moniker.

  • May 12, 2025

    Unions Tell Justices To Protect Privacy In Social Security Case

    Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.

  • May 12, 2025

    Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order

    A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.

  • May 12, 2025

    Unions Assert WARN Claims In Yellow Bankruptcy Appeal

    The Teamsters and the International Association of Machinists are challenging a bankruptcy court's finding that Yellow Corp. is not liable for failing to tell 22,000 union workers they were about to lose their jobs because the company was folding, asking a Delaware federal judge to reverse the ruling.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    BB&K Litigator Joins Jackson Lewis In San Diego

    Employment law firm Jackson Lewis PC is growing its West Coast ranks, bringing in a Best Best & Krieger LLP litigator as a principal in its San Diego office.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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