Labor

  • April 04, 2025

    6th Circ. Says Fiat Chrysler Engineers' Claims Are Preempted

    The Sixth Circuit said Friday that federal law bars Fiat Chrysler engineers from pursuing state-based claims alleging they lost wages and benefits after being transferred in connection to an illicit bribery scheme involving former United Auto Workers officials and company executives.

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    Colo. Union Vote Overhaul Hangs In Balance With Veto Threat

    A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.

  • April 04, 2025

    NJ Panel Rules Troopers' CBA Unclear On OT Math

    An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.

  • April 04, 2025

    Starbucks Illegally Called Cops On Protest, NLRB Judge Says

    A National Labor Relations Board judge said Starbucks illegally called the police on organizers who leafleted a cafe in New York state, saying a manager called to suppress the protest and not to protect an organizer or get nonemployees off its property.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Unions Call Trump's Federal Worker Bargaining EO Illegal

    Six unions representing thousands of federal employees fought against President Donald Trump's executive order looking to cease collective bargaining at several agencies with "national security" focuses, telling a California federal court that the order violates the First and Fifth amendments to the U.S. Constitution.

  • April 04, 2025

    NLRB Rightly Ruled Montana Co. Owed Union Info, Attys Say

    A split National Labor Relations Board properly ruled that a Montana internet service provider illegally withheld information from a union about whether its parent company's employees were performing bargaining unit employees' work, NLRB prosecutors argued Friday, asking the D.C. Circuit to enforce the board's ruling.

  • April 04, 2025

    NY Judge Who Blocked VOA Shutdown Sends Case To DC

    The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to D.C. federal court, but said his restraining order remains in effect.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Pension Fund Miscalculated Co.'s $23M Exit Fee, Judge Says

    A Teamsters pension fund erred when it determined that a concrete company owed $23 million for withdrawing from the plan, an Illinois federal judge ruled, saying an arbitrator needs to reassess the calculation and give the employer proper credit for other payments made.

  • April 04, 2025

    Unions Can Get Fees Under Anti-SLAPP Law In Hotel's Suit

    Two unions were the prevailing parties in the state claims in a suit by hotel operators accusing them of interfering in a SeaWorld development project, a California federal judge said, ruling that they can recover attorney fees and costs.

  • April 03, 2025

    5th Circ. Says Lateness Didn't Ax Co.'s NLRB Ruling Fight

    A split Fifth Circuit panel won't enforce the National Labor Relations Board's holding that a public transit operator illegally snubbed a union, saying the board should have processed the company's challenge to an agency judge's ruling even though it filed its exceptions brief a day late.

  • April 03, 2025

    Software Co. Must Reinstate Workers, NLRB Tells DC Circ.

    The National Labor Relations Board asked the D.C. Circuit to uphold the NLRB's order finding a Vermont software development company illegally fired four employees for their actions involving a salary spreadsheet, defending remedies of reinstatement and compensation for pecuniary harms.

  • April 03, 2025

    7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill

    The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.

  • April 03, 2025

    Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted

    Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.

  • April 03, 2025

    Trump Makes First Use Of Mexico Labor Enforcement Tool

    The Trump administration called on Mexico to investigate "credible" allegations of worker rights violations at a Mexico City auto parts plant Thursday, marking the Trump administration's first use of a labor-specific enforcement tool first implemented five years ago.

  • April 03, 2025

    Nexstar Challenges Deference To NLRB Order At 5th Circ.

    The Fifth Circuit must not defer to the National Labor Relations Board's determination that Nexstar Media Inc. shift leads in Denver are statutory employees who can unionize, the company contended, citing the U.S. Supreme Court's Loper Bright opinion to argue the NLRB's decisions "deserve no deference."

  • April 03, 2025

    Dialysis Centers Illegally Fought Union, NLRB Judge Says

    A network of dialysis centers in the Bay Area violated federal labor law by withholding its unionizing workers' raises, firing a nurse for her organizing activity and implicitly threatening to close a center if workers unionized, among other conduct, a National Labor Relations Board judge has found.

  • April 03, 2025

    2nd Circ. Says NLRB Severance Doesn't Stop Enforcement

    The Second Circuit has joined a handful of other circuits in finding that it can rule on a National Labor Relations Board enforcement request when the agency has severed part of the underlying case, rejecting a broadcaster's bid to escape an order to bargain.

  • April 03, 2025

    'No Serious Question' Federal Firings Broke Law, Justices Told

    Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.

  • April 03, 2025

    Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas

    Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.

  • April 02, 2025

    Transfer Of SpaceX NLRB Challenge To Calif. Paused For Now

    A Texas federal judge has paused an order transferring SpaceX's lawsuit challenging the constitutionality of the National Labor Relations Board's structure to California, saying he had mistakenly thought a Fifth Circuit mandate connected to the case had already been issued.

  • April 02, 2025

    DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction

    A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.

  • April 02, 2025

    TV Station Has Illegal Provisions In Pacts, NLRB Judge Says

    A Puerto Rico television station violated federal labor law by having provisions in exclusivity agreements that barred workers from criticizing the company, a National Labor Relations Board judge ruled Wednesday, ordering the broadcaster to rescind or change the illegal clauses.

Expert Analysis

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

    Excerpt from Practical Guidance
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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

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