Labor

  • March 28, 2025

    Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now

    The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.

  • March 28, 2025

    NY Forecast: 2nd Circ. Weighs City Worker's Free Speech Suit

    This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.

  • March 28, 2025

    Judge 'Cannot Look Away,' Halts Trump Admin Cuts At CFPB

    A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    Plumber's Union Ties Cost Him Shot At Job, NLRB Judge Says

    A Minnesota plumbing company illegally turned away an applicant because of his union ties, a National Labor Relations Board judge concluded, saying the snub placed the company on the hook for a National Labor Relations Act violation.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    Starbucks Illegally Banned Union Backers, NLRB Judge Says

    Starbucks unlawfully suspended union supporters at a South Carolina cafe and temporarily closed the store, a National Labor Relations Board judge ruled, finding the workers' actions, such as demanding raises from a manager, did not lose protection under federal labor law.

  • March 28, 2025

    UAW Beats Black Truck Driver's Bias Claim

    The United Auto Workers escaped a former Howmet Aerospace Inc. employee's lawsuit claiming the union failed to adequately challenge his termination because he's Black, with an Ohio federal judge saying he'd failed to identify a non-Black colleague who received the representation he felt he was owed.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    Judge Blocks Trump Shutdown Of Voice Of America

    A Manhattan federal judge on Friday temporarily blocked the Trump administration's move to gut the agency that controls international news outlet Voice of America, saying it appeared to be a "classic case" of arbitrary policymaking.

  • March 27, 2025

    Trump Targets National Security Workers' Bargaining Rights

    President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.

  • March 27, 2025

    Trump Can Fire Agency Officials He Distrusts, DC Circ. Told

    The White House laid out reasoning Thursday for asking the D.C. Circuit to bless President Donald Trump's firing of two Merit Systems Protection Board and National Labor Relations Board members, saying their reinstatement by lower courts interfered with executive authority and saddled Trump with officials "who lack his trust."

  • March 27, 2025

    Fired Immigrant Advocate Gets $225K In Labor Deal

    A National Labor Relations Board judge has approved a $225,000 settlement in a case accusing a nonprofit immigration legal services agency of illegally discharging an attorney, bringing an end to a year-old challenge to the lawyer's December 2023 firing.

  • March 27, 2025

    NLRB Declines Precedent Shift For Bargaining Over Discipline

    The National Labor Relations Board tossed on Thursday an allegation that Starbucks violated federal labor law by not negotiating with Workers United over the discipline of a worker, declining to shift precedent on an employer's bargaining obligation with a union that hasn't notched a first contract.

  • March 27, 2025

    Trump Cuts To FMCS Staff Could Affect Bargaining, Attys Say

    The Federal Mediation and Conciliation Service has significantly reduced its operations in response to an executive order from President Donald Trump directing certain agencies to cut down on their duties and staff, a move that experts and advocates said could make securing mediators in labor disputes harder.

  • March 27, 2025

    Starbucks Disputes NLRB's Subpoena Order At 5th Circ.

    The Fifth Circuit must not enforce a National Labor Relations Board decision dinging Starbucks for unlawful subpoenas that sought employees' recordings of management and communications with Workers United, the coffee giant argued, challenging the board's application of 30-year-old precedent about discovery.

  • March 27, 2025

    3rd Circ. Says Pension Law OKs Suits To Enforce Settlements

    A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.

  • March 27, 2025

    Fan Co. Tries Again To Stop NLRB Case, Citing Wilcox Firing

    A fan-maker is seeking for the second time to halt an upcoming unfair labor practice proceeding, telling a Missouri federal judge that the administrative case should be put on hold until the U.S. Supreme Court has considered whether NLRB member Gwynne Wilcox's firing was illegal.

  • March 27, 2025

    NLRB Tells 5th Circ. Constitutionality Suit Should Proceed

    The National Labor Relations Board urged the Fifth Circuit not to grant a union's bid to throw out suits SpaceX and two other companies launched challenging the board's constitutionality, saying the dispute remains live even if the Trump administration's views change an aspect of the litigation.

  • March 27, 2025

    9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire

    A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Ex-IATSE Officer's Discipline Claims Over Porn Issue Survive

    A New Mexico federal court on Wednesday sustained some claims from a former vice president for an International Alliance of Theatrical Stage Employees affiliate who said he was wrongly disciplined after raising concerns about another officer's name appearing on porn websites, while dismissing other allegations under federal racketeering and state laws.

  • March 26, 2025

    Union's Actions Sink Suit Against USPS Over Arbitral Award

    The American Postal Workers Union doomed its lawsuit seeking to compel the U.S. Postal Service to comply with an arbitration award by also trying to force compliance through the arbitration mechanism in their collective bargaining agreement, a Washington, D.C., federal judge ruled, saying he now lacks jurisdiction.

  • March 26, 2025

    Past DOL Officials Share Advice For New Leadership

    As the U.S. Department of Labor leadership takes shape under President Donald Trump and proceeds on wage and hour and other policy priorities, former officials say the new top brass should listen to career staffers and keep enforcement actions fair. Here is what the former officials told Law360.

  • March 26, 2025

    Trump's DEI Firings Are Discriminatory, Fed Workers Claim

    Former federal workers asked an employment board Wednesday to reinstate them to jobs they lost because of President Donald Trump's executive orders shuttering all government diversity, equity and inclusion positions, stating the firings illegally targeted their assumed political beliefs and fell disproportionately hard on workers who weren't white men.

Expert Analysis

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

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