Labor

  • September 08, 2025

    Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row

    A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."

  • September 08, 2025

    Cowen's Active GC Tenure A Sign Of An NLRB In Flux

    National Labor Relations Board acting general counsel William Cowen has been active in issuing public guidance during his half year as the agency's top prosecutor, generating an output that experts said is unusual for the position and reflects the unique situation he and the board find themselves in.

  • September 08, 2025

    Union's Election Survives DOL Disenfranchisement Challenge

    A Georgia federal judge denied the U.S. Department of Labor a quick win in a suit accusing the union that represents Greyhound's bus drivers of denying new workers their right to vote in 2022 officer elections, saying the government's theory demanded a level of perfection that union oversight law doesn't require.

  • September 08, 2025

    Trader Joe's Snubbed Union In Kentucky, NLRB Judge Says

    Trader Joe's violated federal labor law by snubbing its workers' union at a Kentucky store, a National Labor Relations Board judge ruled, saying the company can't use its pending challenge to the store's unionization to justify its refusal to bargain with or give information to Trader Joe's United.

  • September 08, 2025

    Former NLRB Chairman Joins Jackson Lewis In NYC

    Former National Labor Relations Board Chairman Marvin E. Kaplan made the move to private practice at Jackson Lewis PC after his term ended last month, the firm announced Monday.

  • September 08, 2025

    NYC Hyatt Operator Must Honor Union Tech Pacts, Court Says

    A New York federal judge sided with a hotel workers union in its contract dispute with the operator of a Hyatt hotel in Manhattan, enforcing two arbitral awards requiring compliance with contracts that limit the hotel's ability to adopt new technology without the union's consent.

  • September 08, 2025

    Fisher Phillips Merges With Atlanta L&E Boutique

    Fisher Phillips announced Monday it has combined with Elarbee Thompson Sapp & Wilson LLP, a labor and employment law firm based in Atlanta, growing its ranks by 22 lawyers.

  • September 05, 2025

    DC Circ. Enforces NLRB Order Against Puerto Rico Beer Co.

    A Puerto Rico beer company must bargain in good faith with its workers' union and give six months of back pay to an employee union leader whom it placed on unpaid leave, a split D.C. Circuit said Friday, upholding a decision of the National Labor Relations Board.

  • September 05, 2025

    Union Deal For Calif. Gig Workers May Yield Limited Benefits

    Gig drivers in California may soon have the right to unionize after state leaders reached a deal with Uber and Lyft, though key limitations in the bill the deal facilitates may cap the improvements these workers can make to their conditions — if unions can succeed in organizing them at all.

  • September 05, 2025

    Judge Grills Gov't On Details Of IRS-ICE Info-Sharing Deal

    A D.C. senior judge pressed a government attorney Friday over the specifics of the IRS' disclosure of tax return information to immigration enforcement agencies, saying the details were crucial to weighing a coalition of organizations' bid to block the practice.

  • September 05, 2025

    Acting NLRB GC Updates Guidance On Board Injunctions

    Acting National Labor Relations Board general counsel William Cowen provided the agency's regional offices Friday with new guidance on pursuing injunctions to address alleged labor law violations, updating withdrawn instructions on the subject the agency's top prosecutor issued during the Biden administration.

  • September 05, 2025

    DC Circ. Says Grievance Deal Can't End Title VII Suit

    The D.C. Circuit reinstated Friday a Black worker's race bias suit claiming she faced discrimination and harassment at the Washington Metropolitan Area Transit Authority, ruling a settlement that resolved grievances her union filed against her employer did not justify the dismissal of her civil rights claims.

  • September 05, 2025

    9th Circ. Upholds Dialysis Co. Injunction In Labor Dispute

    The Ninth Circuit has upheld an injunction ordering a California dialysis clinic operator to bargain with a Service Employees International Union affiliate and give union-represented workers the annual raises it withheld from them for two years, saying the California federal judge who issued the injunction didn't abuse her discretion.

  • September 05, 2025

    NY Forecast: NY Judge Weighs Tossing Car Dealer Bias Suit

    This week, a New York federal judge will consider a Chevrolet dealership's bid to dismiss a former employee's lawsuit claiming he was fired after he complained that a supervisor made racist remarks toward him and other workers. 

  • September 05, 2025

    Calif. Forecast: $2M Animal Feed Co. Wage Deal Before Court

    In the coming week, attorneys should keep an eye out for arguments regarding a potential deal to end a long-running wage and hour class action against animal feed supplier ACX Pacific Northwest Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • September 04, 2025

    American Airlines Says Tech Can't Support Sex Bias Suit

    An American Airlines technician can't support her claim that the airline discriminated against her on the basis of sex when it demoted her from her crew chief role as her 90-day trial period drew to a close, the airline said Thursday, saying she was demoted because of performance issues.

  • September 04, 2025

    FLRA Plans Case-Handling Changes With Downsizing Push

    The Federal Labor Relations Authority plans to adopt changes to its processes for handling unfair labor practice and representation cases in line with President Donald Trump's February order for agencies to prepare for widespread layoffs, according to an updated regulatory agenda the White House released Thursday.

  • September 04, 2025

    DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand

    A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.

  • September 04, 2025

    5th Circ. Panel Presses NLRB Over 'Menu Of Remedies' 

    A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

  • September 04, 2025

    PBM Rule Included In DOL Benefits Arm's Regulatory Update

    The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.

  • September 04, 2025

    NFL, Broncos Want Ex-Player's Reshuffled Weed Suit Tossed

    A former NFL player's deletion of references to the league's collective bargaining agreement should not save his suit against the NFL over his punishment for violating its substance abuse policy, the league and his former team told a Colorado federal judge in a bid to drop the suit.

  • September 03, 2025

    Solicitor General Defends Supreme Court's NLRB Firing Order

    The federal government's top U.S. Supreme Court lawyer, speaking at a conference Wednesday, defended an emergency-docket ruling allowing the president to fire a member of the National Labor Relations Board.

  • September 03, 2025

    Trump Sued Over Ending Patent Office Bargaining Rights

    A union representing workers from the Office of the Commissioner for Patents, which is part of the U.S. Patent and Trademark Office, sued President Donald Trump's administration Wednesday over an executive order that stripped federal workers of collective bargaining rights.

  • September 03, 2025

    Trump Admin Urges DC Circ. To Back Firing Of FLRA Member

    The Trump administration urged the D.C. Circuit on Wednesday to reverse a lower court order reinstating a fired member of a federal labor relations panel, saying the agency does not fit into the narrow exception to the president's general power to fire executive branch officials.

Expert Analysis

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 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.

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