Labor

  • June 12, 2025

    Grievance Backlog Not Only Exxon's Fault, NLRB Judge Says

    A National Labor Relations Board judge cleared Exxon Mobil of claims that it mishandled a hefty backlog of grievances, but found the company ducked its obligation to bargain before ending manager fill-in pay for some workers and changing its performance assessments.

  • June 12, 2025

    Mich. Plant Ducks Bargain Order Despite Flouting Labor Law

    The Detroit-area outpost of a Chinese auto parts manufacturer violated federal labor law by telling workers they couldn't talk about unionizing on company time and attempting to influence workers by providing them with a Red Lobster lunch and a free afternoon of bowling, a National Labor Relations Board judge ruled.

  • June 12, 2025

    Labor Group Backs Minn. Misclassification Law At 8th Circ.

    The Eighth Circuit should affirm an order declining to temporarily block a Minnesota law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, a labor organization said, because workers' wages will continue to be eroded without the statute.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    Think Tank Says Ill. 'Captive Audience' Fight Should Proceed

    A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.

  • June 11, 2025

    Calif. Judge Shuts Down Amazon's Bid To Block NLRB Case

    Amazon can't win another attempt to block a National Labor Relations Board proceeding about its alleged unfair labor practices involving delivery drivers in California, a federal judge ruled, saying the company hasn't shown it is experiencing irreparable harm.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

  • June 11, 2025

    Ex-NLRB GC Warns Of More Strikes With Inactive NLRB

    Uncertainty about the long-term stability and independence of the National Labor Relations Board could increase labor unrest and spur workers and unions to take to the picket lines more often, former NLRB general counsel Jennifer Abruzzo told a House panel Wednesday, urging Congress to step in to strengthen the board.

  • June 11, 2025

    Worker Asks NLRB To Rethink Standard Barring Ouster Votes

    Unfair labor practice settlements without admissions clauses must only prevent decertification elections for no longer than six months, a worker represented by the National Right to Work Legal Defense Foundation contended to the NLRB, seeking to overturn agency precedent on what is considered a reasonable time to negotiate a contract.

  • June 11, 2025

    Amazon Union Reps Defend Suit Challenging NYPD Arrests

    Amazon should face claims that it started illegally calling the police on labor demonstrations after its workers' union affiliated with the Teamsters, Amazon Labor Union officials argued, asking a New York federal judge to preserve a lawsuit that also names the New York Police Department as a defendant.

  • June 10, 2025

    Ill. Judge Questions Standing In Biogen Antitrust Suit

    An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.

  • June 10, 2025

    Janitor's Wage Claims Must Head To Arbitration, Judge Says

    A janitor in California must arbitrate her claims that a cleaning services company owed minimum wages and didn't give rest breaks, a federal magistrate judge ruled Tuesday, finding a grievance process in an unsigned collective bargaining agreement still covers the worker's claims.

  • June 10, 2025

    Calif. Driverless Car Bill Shows Path For Unions' Anti-AI Fight

    The Teamsters are backing a California bill that would require self-driving delivery vehicles to run with a human operator, an effort that has drawn opposition from businesses but that the union sees as part of a fight to push back against job-threatening technology.

  • June 10, 2025

    4th Circ. Urged To Back NLRB's Order Against Trucking Co.

    A Virginia trucking company hasn't presented enough evidence to counter the National Labor Relations Board's conclusion that it unlawfully interfered with a union representation election, the board told the Fourth Circuit, asking the court to enforce the board's bargaining order.

  • June 10, 2025

    GM To Drop 'Cockamamie' Fiat Foreign Account Claims

    A Michigan judge indicated Tuesday that he would let General Motors withdraw allegations that Fiat Chrysler held foreign bank accounts in a union bribery scheme suit, and said he'd leave the determination of whether the automaker should be sanctioned for not sharing its evidence supporting those claims for another day. 

  • June 10, 2025

    Union Reaches Tentative Deal To End Video Game Strike

    The Screen Actors Guild-American Federation of Television and Radio Artists has reached a tentative agreement for a union contract that would end a nearly yearlong strike by performers who provide voice-over and acting work for video games, the union announced.

  • June 10, 2025

    Union, Philharmonic Fight Suits From Suspended Musicians

    A musicians union has asked a New York federal judge to toss two suspended New York Philharmonic players' allegations that the union illegally dropped its fight for their reinstatement, saying it had good reason to abandon the mission after the full extent of their alleged sexual violence was revealed.

  • June 10, 2025

    Ex-Fidelity Associate GC Returns To Mayer Brown In Chicago

    Mayer Brown LLP has rehired the former co-chair of its practice focused on retirement benefit matters, who returns to the firm after helping to lead a team of attorneys at Fidelity Investments responsible for health and retirement plan litigation.

  • June 10, 2025

    Union Tells 5th Circ. To Keep Nexstar Denver Bargaining Order

    A Communications Workers of America affiliate pushed the Fifth Circuit to uphold the National Labor Relations Board's bargaining order against Nexstar at two television stations in Denver, challenging the company's claims that the union unfairly swayed a representation election.

  • June 10, 2025

    Kaplan Says NLRB Could Regain Quorum As Noms 'Imminent'

    The chairman of the National Labor Relations Board signaled Tuesday that the board may soon return to full function after months operating mostly without a quorum, saying "nominations are imminent" to fill at least some of the panel's vacancies.

  • June 09, 2025

    Unions Win Injunction In OPM, DOGE Privacy Suit

    A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."

  • June 09, 2025

    Pilot Says American Airlines Skimped On Long-Term Disability

    A disabled pilot accused American Airlines and its third-party administrator of systematically miscalculating workers' long-term disability benefits by excluding certain forms of compensation from their monthly benefit calculations, according to a suit filed in Texas federal court.

  • June 09, 2025

    NLRB May Be Spared Trump Cuts, Acting Prosecutor Says

    The acting general counsel of the National Labor Relations Board signaled optimism Monday that the board will be spared the ax in President Donald Trump's culling of federal agencies, saying that the administration has "treated us well."

  • June 09, 2025

    Senators Seek Probe Into SEIU Leader's Arrest At ICE Raid

    Three Democratic senators called on the U.S. Department of Homeland Security and U.S. Department of Justice on Monday to provide legal justification for the arrest of the president of a Service Employees International Union affiliate in California during an immigration enforcement raid last week.

Expert Analysis

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

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