Labor

  • May 30, 2025

    ​​​​​​​NLRB Memo Details Dropping Of Starbucks Subpoena Case

    Attorneys in the National Labor Relations Board's Division of Advice recommended not pursuing a case accusing Starbucks of issuing overly broad subpoenas and unlawfully questioning witnesses during an unfair labor practice prosecution due to "limited agency resources," according to a memo.

  • May 30, 2025

    NJ Panel Upholds Unemployment Benefits Claims For Strikers

    A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a concrete manufacturing company who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision. 

  • May 30, 2025

    Sikorsky Aircraft Workers Can't Back Bias Claims, Court Told

    Two Black ex-employees should lose their federal racial discrimination lawsuit against Sikorsky Aircraft Corp. because one was fired for stealing time, and the other has shown "no evidence of any adverse employment action," the company said in seeking summary judgment Thursday.

  • May 30, 2025

    Justices' Stay Doesn't Change Case, Wilcox Tells DC Circ.

    The U.S. Supreme Court's recent ruling to stay an order reinstating fired National Labor Relations Board member Gwynne Wilcox doesn't preclude the D.C. Circuit from finding NLRB members fit an exception to the president's firing power, Wilcox told an appeals panel.

  • May 30, 2025

    Liquor Sellers Can't Unionize Separately, NLRB Officer Says

    A union can't seek to represent liquor sales employees in St. Louis, an acting National Labor Relations Board regional director concluded, finding workers in the proposed bargaining unit have similar employment terms to those at the alcohol distributor's other facilities in Missouri.

  • May 30, 2025

    Calif. Forecast: State Justices Weigh Good-Faith Wage Args

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding what an employer must show for a good faith defense in a wage case. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • May 30, 2025

    NY Forecast: Judge Weighs Jury Trial Demand In Layoffs Suit

    This week, a New York federal judge will hear arguments over whether a class of former workers at a Four Seasons hotel can withdraw their request for a jury trial in their suit claiming the hotel did not provide required notices before laying them off.

  • May 30, 2025

    3rd Circ. Preview: Tribal Immunity Limits On Deck For June

    The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.

  • May 29, 2025

    Stellantis, UAW Accused Of Sex Discrimination In $1M Suit

    A Michigan woman is seeking at least $1 million in a lawsuit filed Wednesday in Michigan federal court against the U.S. subsidiary of Dutch automaker Stellantis and the United Auto Workers on allegations she was replaced as a team leader by less experienced male colleagues and that the union would not represent her — both due to her gender.

  • May 29, 2025

    Teamsters Say Ex-United Tech Can't Pursue Grievance Himself

    The International Brotherhood of Teamsters asked a New York federal judge to toss a former United Airlines technician's lawsuit seeking to force arbitration of a grievance over his firing, saying federal labor law does not give individual employees the right to arbitrate grievances over their union's objection.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    OPM Injunction Looms For DOGE Chaos, As Court Floats Deal

    A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Government Efficiency, before urging the government to hammer out a deal with the union plaintiffs.

  • May 29, 2025

    Union's AI Vader Charge Offers Reminder Of Looming Risks

    A recent National Labor Relations Board charge challenging a production company's use of artificial intelligence to voice Darth Vader in a video game underscores the many emerging risks for workers and employers lurking around the use of AI.

  • May 29, 2025

    Ore. Pot Regulator Will No Longer Require Labor Peace Pacts

    Oregon's cannabis regulator said Thursday that it would no longer enforce a voter-approved law requiring cannabis businesses to enter into labor peace agreements with their employees, following a federal judge's ruling that the law was preempted by federal policy.

  • May 29, 2025

    NYC Homeless Nonprofit Fights NLRB GC's Bargain Order Bid

    A nonprofit in New York City that operates youth homeless shelters told a federal judge to block National Labor Relations Board prosecutors' bid for an "intrusive" bargaining order, arguing the court should not consider the injunction petition based solely on evidence from the unfair labor practice proceeding.

  • May 29, 2025

    Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues

    Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.

  • May 29, 2025

    Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case

    A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.

  • May 29, 2025

    Senate Committee Sets June Hearing For Trump's EBSA Pick

    The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday. 

  • May 28, 2025

    Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene

    Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.

  • May 28, 2025

    Ore. Labor Peace Decision Gives 'Road Map' For Challenges

    An Oregon federal judge's recent decision to block a state law requiring employers in the cannabis industry to reach labor peace agreements with unions could bolster challenges to similar laws in other states as the issue continues on a path experts expect to land at the U.S. Supreme Court.

  • May 28, 2025

    Leaders Of SEIU Local Challenge Suspension Amid Audit

    Two longtime members of a Service Employees International Union affiliate who served in leadership posts accused their union of unlawfully suspending them and imposing a gag order about their discipline, telling a Michigan federal judge that they weren't given a fair hearing.

  • May 28, 2025

    IUOE Ex-Leader Pardoned In DOL Disclosure Case, Attys Say

    President Donald Trump has pardoned a former International Union of Operating Engineers president who was facing the prospect of six months in prison for accepting free sports tickets without disclosing their value to the U.S. Department of Labor, his attorneys told a Washington, D.C., federal judge Wednesday.

  • May 28, 2025

    Starbucks Pans NLRB Threat Findings In 9th Circ. Challenge

    The National Labor Relations Board "thumb[ed] its nose" at employers' speech rights by ruling that Starbucks threatened workers and using the case to reverse precedent letting employers opine that a union would come between them and workers, the company told the Ninth Circuit.

  • May 28, 2025

    Calif. Nonprofit Lawfully Fired SEIU Backer, NLRB Judge Says

    A social services nonprofit in California was within its rights to fire an employee who supported organizing efforts with a Service Employees International Union local, a National Labor Relations Board judge ruled, but broke the law when it told the worker union discussions must not happen in the office.

  • May 27, 2025

    1st Circ. Axes NLRB's Northeastern Police Bargaining Order

    The First Circuit quashed a National Labor Relations Board decision ordering Northeastern University in Boston to negotiate with a union representing campus police department employees, determining the board strayed from precedent when finding sergeants are not supervisors under federal labor law.

Expert Analysis

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

    Excerpt from Practical Guidance
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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

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