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Labor

  • June 06, 2025

    Energy Co. Must Give Wage Info To IBEW, NLRB Judge Says

    A nuclear plant operator unlawfully refused to give an International Brotherhood of Electrical Workers local information about wages for workers the union didn't represent, a National Labor Relations Board judge ruled, finding the company must still hand over the information even though the parties notched a labor contract.

  • June 06, 2025

    DOGE Can Access Social Security Data For Now, Justices Say

    The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.

  • June 06, 2025

    Trump Seeks High Court's OK On Education Dept. Job Cuts

    The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."

  • June 06, 2025

    What To Expect As 8th Circ. Hears 'BLM' Firing Appeal

    An Eighth Circuit panel will mull how federal labor law applies to workers' support for social causes Wednesday as it hears Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron. Here, Law360 breaks down what to expect from the case.

  • June 06, 2025

    Calif. Forecast: 9th Circ. To Hear Labor Preemption Arguments

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit regarding the extent to which federal labor law preempts employment law claims, in a case involving UPS. Here's a look at that case and other labor and employment matters coming up in California.

  • June 06, 2025

    Teamsters Member Wants Film Hiring Bias Claims Kept Alive

    A longtime Teamsters member in Pittsburgh urged a federal judge not to dismiss his allegations accusing the union of age discrimination and breaching its duty of fair representation when he wasn't hired to work on a Tom Hanks film, saying the claims must head to discovery.

  • June 06, 2025

    NY Forecast: 2nd Circ. Hears SUNY Dean's Retaliation Suit

    This week, the Second Circuit will consider an attempt from a former dean at the State University of New York Upstate Medical University to revive his suit claiming he was demoted in retaliation for advocating against widespread discrimination against students and faculty. Here, Law360 looks at this and other cases on the docket in New York.

  • June 05, 2025

    'Sparse' OPM Record On Mass Firings Backs Win, Unions Say

    A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.

  • June 05, 2025

    Nurses Union, Hospital Settle Row Over Mandatory OT Work

    An American Federation of Teachers affiliate settled a federal court case aiming to stop a Connecticut hospital from requiring nurses to work overtime, with the parties telling the judge on Thursday that they agree to dismiss the union's allegations.

  • June 05, 2025

    Starbucks Union Lands 600th Store Amid Labor Battle

    Starbucks Workers United celebrated after workers at a 600th Starbucks store voted to be represented by the union, the latest milestone in the four-year effort to organize the coffee giant.

  • June 05, 2025

    Judge Won't Rethink Order On Air Marshal Union's Suit

    A trio of federal agencies can't nix the remaining claims brought by a federal air marshal union, a Pennsylvania federal judge concluded, denying the government's bid for reconsideration of a prior ruling that allowed the union's allegations about retaliation and interference to go forward.

  • June 05, 2025

    Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight

    SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."

  • June 05, 2025

    NLRB Judge Notes 'Censorship Creep' In Nix Of ULP Claims

    A National Labor Relations Board judge cleared two Las Vegas hospitals of most of the unfair labor practice claims filed against them by two unions in a decision raising concerns about the NLRB guarding "against censorship creep" when agency attorneys make claims over the legality of an employer's statements.

  • June 05, 2025

    DOL Head Vows To Fight Wage Theft With Fewer Investigators

    The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.

  • June 04, 2025

    1st Circ. Upholds Block On Trump's Education Dept. Job Cuts

    The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.

  • June 04, 2025

    NJ Contractor Tells 3rd Circ. One-Man Rule Voids CBA

    A New Jersey contractor told a Third Circuit panel Wednesday that it isn't obliged to negotiate over a successor collective bargaining agreement with union-represented sheet metal workers, arguing it no longer employs any workers represented by the union.

  • June 04, 2025

    3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases

    A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    5th Circ. Revives United Flight Attendant's Age Bias Suit

    The Fifth Circuit on Wednesday reopened a former flight attendant's lawsuit claiming United Airlines used allegations of misconduct as a pretext to fire her because she was in her 50s, saying a trial court erred in concluding that her case was preempted by federal labor law.

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    NY Judge Orders Temporary Block On DOL's Job Corps Cuts

    A New York federal judge on Wednesday issued a temporary restraining order to stop the U.S. Department of Labor from eliminating Job Corps, saying the agency can't move ahead with shutting down the more than 60-year-old job training program without approval from Congress.

  • June 04, 2025

    SEIU Shirked Black University Worker's Grievance, Suit Says

    A Service Employees International Union local unlawfully provided a Black former university employee with second-rate representation when he challenged his termination over a minor offense despite aggressively supporting white union members who engaged in more serious misconduct, according to a lawsuit filed in Pennsylvania federal court.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    NLRB Asks 5th Circ. To Enforce Bargaining Order At Nexstar

    The Fifth Circuit must reject Nexstar's challenge to a union's certification representing workers at two television stations in Denver, the National Labor Relations Board argued, saying the company isn't following the agency standard used when an employer wants excluded workers added to a bargaining unit.

Expert Analysis

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

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