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Labor

  • August 22, 2025

    Marathon Petroleum Cos. Near Final OK On $7M Wage Deal

    A California federal judge on Friday said he'd grant final approval to a $7.2 million deal by Marathon Petroleum and two related companies to resolve a 2,200-member class action accusing the oil refiners of shorting unionized workers on rest breaks and pay.

  • August 22, 2025

    Calif. Forecast: X Wants WARN Act Trial Away From Jury

    In the coming week, attorneys should keep an eye out for a hearing on whether a trial in a WARN Act suit against X Corp. Inc. will be by jury or by court. Here's a look at that case and other labor and employment matters coming up in California.

  • August 22, 2025

    NY Forecast: Judge Weighs Police Officer's Retaliation Suit

    This week, a New York federal judge will consider competing motions for wins before trial in a suit brought by a former police officer for a New York town who claims it has violated a settlement agreement and discriminated against him on the basis of race. Here, Law360 looks at this and other cases on the docket in New York.

  • August 21, 2025

    John Deere Dinged For Withholding Emails From UAW Local

    John Deere violated federal labor law by withholding emails about a worker's discipline from a United Auto Workers local, a National Labor Relations Board judge ruled Thursday, saying the company can't deny the union access to the emails because a union committeeman didn't take a virtual confidentiality training course.

  • August 21, 2025

    Pa. Court Revives Fired County Worker's Whistleblower Claim

    A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.

  • August 21, 2025

    Challenge To Fed. Layoffs A 'Fishing Expedition,' 9th Circ. Told

    A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."

  • August 21, 2025

    Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says

    Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations.  

  • August 21, 2025

    Fired Pepsi Driver Accuses Union Of Deficient Representation

    PepsiCo Inc. fired a truck driver without just cause and the driver's union didn't fight hard enough for his reinstatement, the former driver alleged in a new lawsuit against the company and a Teamsters local in Pennsylvania federal court.

  • August 21, 2025

    Minor Leaguers Ask Justices To Kill MLB Antitrust Exemption

    Former players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages are asking the U.S. Supreme Court to take up the case and overturn baseball's century-old exemption from antitrust law.

  • August 21, 2025

    HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts

    The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.

  • August 21, 2025

    Union Says Tribal Ordinance Can't Stop Casino Workers Strike

    A UNITE HERE local asked a California federal judge to deny a Native American casino's bid for an injunction to stop casino workers from striking, saying the tribal ordinance that the casino seeks to invoke doesn't apply.

  • August 20, 2025

    Bakery Wants 11th Circ. To Rehear $15.6M Union Pension Row

    An Eleventh Circuit panel should rethink its split decision to hold a wholesale bakery liable for up to $15.6 million in payments to the union pension fund it withdrew from, the bakery argued Wednesday, saying the case is of great consequence for pension law interpretation and deserves a second look.

  • August 20, 2025

    5th Circ. SpaceX Case Gives Employers Path To Block NLRB

    The Fifth Circuit's decision upholding injunctions against three National Labor Relations Board prosecutions after finding the agency's structure is likely unconstitutional will open an avenue for employers to fend off agency proceedings, experts said, but with the U.S. Supreme Court expected to weigh in, its impact could be short-lived.

  • August 20, 2025

    NAACP, Unions Lose Bid To Stop Education Dept. Closure

    The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.

  • August 20, 2025

    Jury Properly Instructed In AFGE Officer Feud, DC Circ. Says

    An ousted American Federation of Government Employees officer must accept a jury's conclusion that the union lawfully removed him from his position as national secretary-treasurer in 2018, a D.C. Circuit panel said, denying his bid for a new trial.

  • August 20, 2025

    Construction Co. Asks 6th Circ. To Ax NLRB's Contempt Bid

    A construction company challenged the National Labor Relations Board's claim that the business hasn't fully complied with a Sixth Circuit enforcement ruling regarding a union's information request, arguing the board's decision lacked specifics to warrant contempt proceedings.

  • August 20, 2025

    ​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey

    A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.

  • August 19, 2025

    Nurses Say They Were Underpaid, Overworked At Hospital

    A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.

  • August 19, 2025

    Agencies' Union Rebukes Add Urgency To Challenges

    Federal agencies are stripping their workers of labor rights after courts provisionally blessed an executive order excusing the agencies from bargaining in the name of national security, though much remains to resolve in a growing pile of union challenges to the president's order.

  • August 19, 2025

    Nonprofits, Union Fight Withholding Of AmeriCorps Funds

    A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

  • August 19, 2025

    Mill Owner Must Face USW Arbitration Bid, But Not Parent Co.

    The parent company of a Wisconsin paper mill's owner has escaped the United Steelworkers' claim that it must arbitrate a subcontracting grievance filed against the mill's former owner, with a Wisconsin federal judge ruling that only the current owner needs to deal with the grievance.

  • August 19, 2025

    Alcoa Retirees Ask 7th Circ. To Back Lifetime Benefits Order

    A group of retirees and the United Steelworkers urged the Seventh Circuit not to pause a lower court's order requiring Alcoa USA Corp. to reinstate lifetime access to a healthcare plan, raising concerns about elderly retirees dying and not receiving benefits.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    5th Circ. Says NLRB Structure Likely Unconstitutional

    The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

  • August 18, 2025

    Unions Attack Gov't's Bid To Nix Federal Firings Dispute

    Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.

Expert Analysis

  • 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.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

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