Labor

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    Union Strike Energy Expected To Continue Despite Dip In 2024

    The number of striking workers dropped in 2024 after an unusually active year for strike activity the year before, but labor experts predict that the dip will not be permanent as the labor movement prepares for a less friendly environment for unions.

  • February 27, 2025

    NLRB Tells 6th Circ. Constitution Args Can't Block Board Case

    The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.

  • February 27, 2025

    NLRB Atty Not Afraid Of Constitutional Challenges To Agency

    A pile of suits seeking to freeze the National Labor Relations Board's prosecution of specific employers on constitutionality grounds aren't a threat to disable the agency because losing would only spell the end of its officials' job protections, a board litigator said Thursday at an American Bar Association conference.

  • February 27, 2025

    NLRB Mandates Workers Return To Offices By End Of March

    The National Labor Relations Board is requiring its employees to return to the office full time by March 31, according to a copy of a new policy obtained by Law360, drawing ire from the unions representing the agency's workers who claim the requirements violate their collective bargaining agreements.

  • February 27, 2025

    Yellow Corp. Beats Teamsters In WARN Act Row

    A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.

  • February 27, 2025

    DOL Pick Faces Scrutiny About DOGE From Senate Dems

    President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.

  • February 27, 2025

    Farmworker Union Sues Over Calif. Border Patrol Raid

    A farmworker union and Kern County, California, residents accused U.S. Border Patrol agents of carrying out an unlawful, nearly weeklong immigration enforcement sweep to arrest people of color who appeared to be farmworkers regardless of their immigration status.

  • February 27, 2025

    Former Seyfarth Partner To Chair DOL's Review Board

    The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.

  • February 27, 2025

    US Senate Panel Advances Trump's Labor Secretary Pick

    A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.

  • February 26, 2025

    Amazon Fights NLRB's Finding On Off-Duty Access Rule

    National Labor Relations Board prosecutors were too quick to go after Amazon for banning off-duty workers from accessing company facilities three years ago, the company argued, saying prosecutors owed the e-commerce giant a chance to adjust its 2022 off-duty access policy before alleging the policy violated a 2021 settlement.

  • February 26, 2025

    Calif. AG's Hiring Of Lieff Cabraser In Climate Suit Challenged

    California Attorney General Rob Bonta improperly hired Lieff Cabraser Heimann & Bernstein LLP to assist with the state's climate deception suit against fossil fuel companies when attorneys in his office were capable of handling the litigation, the union representing the public lawyers contended in a newly filed state court complaint.

  • February 26, 2025

    NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power

    The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.

  • February 26, 2025

    US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss

    The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.

  • February 26, 2025

    NLRB Attys Endorse New Union Vote At Ala. Amazon Facility

    Amazon mounted an aggressive anti-union campaign at a Bessemer, Alabama, warehouse, resulting in a National Labor Relations Board judge correctly ordering a new union representation election at the facility, board prosecutors and the union told the NLRB, asking it to uphold the judge's order.

  • February 26, 2025

    Aramark, Spinoff Co. Want 'Fraud By Hindsight' Suit Tossed

    Aramark and a uniform supplier spinoff company asked a Georgia federal judge Tuesday to dismiss claims that it intentionally lied to investors about chronic underfunding of the business, accusing a union pension fund of "using a pleading tactic universally condemned by the courts: fraud by hindsight."

  • February 26, 2025

    MSPB Pauses Firing Of 6 Probationary Fed Employees

    The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.

  • February 26, 2025

    'Go Forth And Settle': NLRB Acting GC Talks Easing Deals

    In a shift from a foundational policy of his fired predecessor, the acting general counsel of the National Labor Relations Board said at an American Bar Association conference Wednesday that he will settle cases on terms short of what prosecutors could win at trial.

  • February 26, 2025

    NLRB Members Say They're Still Working Without Quorum

    The National Labor Relations Board's two remaining members are continuing to work on cases — despite not constituting a decision-making quorum — with the goal of quickly working through a growing backlog when they're able to act, they said Wednesday at an American Bar Association conference.

  • February 26, 2025

    Top Dem Urges Trump To Leave Independent Agencies Alone

    The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.

  • February 26, 2025

    Ill. Department Owes Teamsters Local $4.5M In Wage Deal

    The operational head of Illinois' state departments will pay $4.5 million to 500 workers for failing to pay them their wages negotiated in a collective bargaining agreement, a Teamsters local said in a news release Wednesday.

  • February 26, 2025

    Trade Group Urges 6th Circ. To Undo Moot NLRB Memo Ruling

    Michigan builders are seeking to undo a ruling axing their challenge to a Biden-era policy targeting mandatory anti-union meetings now that the National Labor Relations Board's acting general counsel has withdrawn the directive. 

  • February 26, 2025

    Wilcox Says Current Law Mandates Reinstating Her To NLRB

    If President Donald Trump wants to declare that he can remove federal agency officials for any reason, he'll need to take that up with the U.S. Supreme Court, former National Labor Relations Board member Gwynne Wilcox said, saying present-day law grants certain agency officials job protections.

  • February 25, 2025

    San Francisco Must Face Airline Group's Suit Over Health Law

    San Francisco lost its bid to escape an airline industry group's challenge to a healthcare ordinance Tuesday, with a California federal judge ruling that the city and county must face claims that the Healthy Airport Ordinance is preempted by three federal statutes.

  • February 25, 2025

    Trump Admin Says 'There Will Continue To Be A CFPB'

    The Trump administration denied late Monday that it is planning to eliminate the Consumer Financial Protection Bureau, telling a D.C. federal judge that it had closed the agency's headquarters and benched employees instead partly due to their own "disruptive protests."

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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