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Labor

  • August 13, 2025

    NLRB GC Aims To Trim Agency Workload With Deferral Memo

    A recent memo by the National Labor Relations Board's acting general counsel instructing prosecutors to carefully consider when to defer cases to contractual arbitration processes could lead to more disputes being channeled away from the board, following in line with his other efforts to reduce agency workload, experts said.

  • August 13, 2025

    11th Circ. Revives ILA Members' Nepotism Suit Against Union

    The Eleventh Circuit revived a duty of fair representation suit from members of an International Longshoremen's Association affiliate Wednesday, finding those members plausibly alleged that the local engaged in nepotism by giving hiring priority to union leaders' family and friends.

  • August 13, 2025

    DC Circ. Won't Halt Noncitizen Registration Rule For Appeal

    The D.C. Circuit denied a request by immigrant rights groups to halt a policy requiring noncitizens to register with the federal government or face prosecution, while denying the Trump administration's bid to dismiss the groups' appeal.

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    Waste Co. Says Police Won't Stop Teamsters' Actions At Strike

    Republic Services requested an injunction to halt a Teamsters local from blocking access to the waste collection company's property around Boston and physically assaulting workers during a strike, claiming local police departments are not taking steps to stop unlawful conduct.

  • August 12, 2025

    Unions, Groups Appeal Axing Of USAID Shutdown Challenges

    Two unions, a humanitarian aid nonprofit and a contractors association have asked the D.C. Circuit to revive their attempts to stop the Trump administration from dismantling the U.S. Agency for International Development, challenging a judge's conclusion that their claims belong before expert agencies rather than in court.

  • August 12, 2025

    SAG-AFTRA Health Plan Members Settle Data Breach Suit

    SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event. 

  • August 12, 2025

    4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies

    A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.

  • August 12, 2025

    Teamsters Fund Fights Debt Recalculation Order At 7th Circ.

    The Seventh Circuit should overturn an Illinois federal judge's order for a Teamsters pension fund to recalculate a concrete company's debt, the fund argued, saying the fund's original finding that the company owed roughly $23 million was correct.

  • August 12, 2025

    GWU Hospital Seeks Full DC Circ. Review Of Bargaining Order

    George Washington University Hospital called on the full D.C. Circuit to reconsider a panel decision enforcing the National Labor Relations Board's determinations that the hospital bargained in bad faith, arguing the panel's judgment conflicted with precedent from the appeals court and the U.S. Supreme Court.

  • August 12, 2025

    NLRB Judge Dings Tenn. Co. For Removing Union Road Signs

    A Knoxville, Tennessee, water purification company violated federal labor law by removing signs that the Tennessee Pipe Trades Association put up along the road near its facility during an organizing drive, a National Labor Relations Board judge ruled.

  • August 11, 2025

    Starbucks 'Frozen' Wages Remark Is Illegal, NLRB Judge Says

    Starbucks violated federal labor law by telling workers their wages would "essentially be frozen" during contract talks, a National Labor Relations Board judge ruled Monday, while determining the company lawfully commented about the possibility of negotiations lasting more than a year.

  • August 11, 2025

    4th Circ. Revives Union Member's Bid To Sue Machinists

    A divided Fourth Circuit panel has given a union member another shot at accusing the International Association of Machinists' president and secretary-treasurer of misusing IAM funds on personal travel, saying Monday that she took the necessary steps to raise the matter internally before filing suit.

  • August 11, 2025

    What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up

    Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.

  • August 11, 2025

    Split 8th Circ. Revives Minn. Suit Over Union Leave

    The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.

  • August 11, 2025

    NLRB Calls Construction Co. In Contempt Of 6th Circ. Order

    A construction company failed to fully comply with the Sixth Circuit's enforcement of a National Labor Relations Board order involving a union's request for compensation details nearly five years ago, the board said, calling for fines tied to violations of the appeals court's ruling.

  • August 11, 2025

    EPA Cancels Union Contracts Under Trump Order

    The U.S. Environmental Protection Agency has canceled its collective bargaining agreements in line with President Donald Trump's directive to dozens of agencies to stop recognizing their workers' unions, which he said was to protect national security.

  • August 11, 2025

    NLRB Official Allows Union Vote For CDL Drivers In Pa.

    Drivers with a commercial license may vote on whether they want an International Union of Operating Engineers local to represent them, a National Labor Relations Board regional director determined, blocking an industrial cleaning company's attempt to expand the proposed bargaining unit.

  • August 08, 2025

    Truck Driver Seeks Class Cert. In Time Card Rounding Row

    A California federal court must grant class certification to truck drivers at a construction materials company that allegedly underpaid workers by rounding on time cards, a former employee argued, saying the workers did not receive accurate wage statements.

  • August 08, 2025

    NLRB Official Approves Union Vote At Wash. Cancer Center

    Workers in the oncology clinic at an Optum-run cancer center in Everett, Washington, can vote on representation by a United Food and Commercial Workers local this month, a National Labor Relations Board official has held.

  • August 08, 2025

    NY Forecast: Judge Weighs NLRB Injunction Bid At Nonprofit

    This week, a New York federal judge will consider whether to order a homeless shelter operator to bargain with a Service Employees International Union affiliate over allegations that the nonprofit refused to bargain with the union and threatened workers over their union activity. Here, Law360 looks at this and other cases on the docket in New York.

  • August 08, 2025

    Calif. Forecast: Amazon-NLRB Fight Heads To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in Amazon's challenge to the constitutionality of the National Labor Relations Board's structure. Here's a look at that case and other labor and employment matters coming up in California.

  • August 08, 2025

    Calif. Judge Recommends Narrowing Hotel's Boycott Suit

    A California federal magistrate judge called for claims to be cut from a hotel operator's lawsuit accusing two unions of unlawfully interfering with a SeaWorld development project in San Diego, finding many allegations aren't relevant to a remaining secondary boycott claim.

  • August 08, 2025

    Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement

    An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.

Expert Analysis

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

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