Labor

  • March 28, 2025

    Supreme Court Denials Won't End NLRB Loper Bright Args

    The U.S. Supreme Court's rejection of two labor cases does not spell an end for employers' arguments disputing how much deference courts owe the National Labor Relations Board, challenges that are increasingly common since the justices' Loper Bright decision last term abandoning Chevron deference.

  • March 28, 2025

    DOD Seeks To Void Union Deals Over Efficiency Concerns

    The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.

  • March 28, 2025

    Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now

    The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.

  • March 28, 2025

    NY Forecast: 2nd Circ. Weighs City Worker's Free Speech Suit

    This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.

  • March 28, 2025

    Judge 'Cannot Look Away,' Halts Trump Admin Cuts At CFPB

    A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    Plumber's Union Ties Cost Him Shot At Job, NLRB Judge Says

    A Minnesota plumbing company illegally turned away an applicant because of his union ties, a National Labor Relations Board judge concluded, saying the snub placed the company on the hook for a National Labor Relations Act violation.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    Starbucks Illegally Banned Union Backers, NLRB Judge Says

    Starbucks unlawfully suspended union supporters at a South Carolina cafe and temporarily closed the store, a National Labor Relations Board judge ruled, finding the workers' actions, such as demanding raises from a manager, did not lose protection under federal labor law.

  • March 28, 2025

    UAW Beats Black Truck Driver's Bias Claim

    The United Auto Workers escaped a former Howmet Aerospace Inc. employee's lawsuit claiming the union failed to adequately challenge his termination because he's Black, with an Ohio federal judge saying he'd failed to identify a non-Black colleague who received the representation he felt he was owed.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    Judge Blocks Trump Shutdown Of Voice Of America

    A Manhattan federal judge on Friday temporarily blocked the Trump administration's move to gut the agency that controls international news outlet Voice of America, saying it appeared to be a "classic case" of arbitrary policymaking.

  • March 27, 2025

    Trump Targets National Security Workers' Bargaining Rights

    President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.

  • March 27, 2025

    Trump Can Fire Agency Officials He Distrusts, DC Circ. Told

    The White House laid out reasoning Thursday for asking the D.C. Circuit to bless President Donald Trump's firing of two Merit Systems Protection Board and National Labor Relations Board members, saying their reinstatement by lower courts interfered with executive authority and saddled Trump with officials "who lack his trust."

  • March 27, 2025

    Fired Immigrant Advocate Gets $225K In Labor Deal

    A National Labor Relations Board judge has approved a $225,000 settlement in a case accusing a nonprofit immigration legal services agency of illegally discharging an attorney, bringing an end to a year-old challenge to the lawyer's December 2023 firing.

  • March 27, 2025

    NLRB Declines Precedent Shift For Bargaining Over Discipline

    The National Labor Relations Board tossed on Thursday an allegation that Starbucks violated federal labor law by not negotiating with Workers United over the discipline of a worker, declining to shift precedent on an employer's bargaining obligation with a union that hasn't notched a first contract.

  • March 27, 2025

    Trump Cuts To FMCS Staff Could Affect Bargaining, Attys Say

    The Federal Mediation and Conciliation Service has significantly reduced its operations in response to an executive order from President Donald Trump directing certain agencies to cut down on their duties and staff, a move that experts and advocates said could make securing mediators in labor disputes harder.

  • March 27, 2025

    Starbucks Disputes NLRB's Subpoena Order At 5th Circ.

    The Fifth Circuit must not enforce a National Labor Relations Board decision dinging Starbucks for unlawful subpoenas that sought employees' recordings of management and communications with Workers United, the coffee giant argued, challenging the board's application of 30-year-old precedent about discovery.

  • March 27, 2025

    3rd Circ. Says Pension Law OKs Suits To Enforce Settlements

    A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.

  • March 27, 2025

    Fan Co. Tries Again To Stop NLRB Case, Citing Wilcox Firing

    A fan-maker is seeking for the second time to halt an upcoming unfair labor practice proceeding, telling a Missouri federal judge that the administrative case should be put on hold until the U.S. Supreme Court has considered whether NLRB member Gwynne Wilcox's firing was illegal.

  • March 27, 2025

    NLRB Tells 5th Circ. Constitutionality Suit Should Proceed

    The National Labor Relations Board urged the Fifth Circuit not to grant a union's bid to throw out suits SpaceX and two other companies launched challenging the board's constitutionality, saying the dispute remains live even if the Trump administration's views change an aspect of the litigation.

  • March 27, 2025

    9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire

    A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Ex-IATSE Officer's Discipline Claims Over Porn Issue Survive

    A New Mexico federal court on Wednesday sustained some claims from a former vice president for an International Alliance of Theatrical Stage Employees affiliate who said he was wrongly disciplined after raising concerns about another officer's name appearing on porn websites, while dismissing other allegations under federal racketeering and state laws.

  • March 26, 2025

    Union's Actions Sink Suit Against USPS Over Arbitral Award

    The American Postal Workers Union doomed its lawsuit seeking to compel the U.S. Postal Service to comply with an arbitration award by also trying to force compliance through the arbitration mechanism in their collective bargaining agreement, a Washington, D.C., federal judge ruled, saying he now lacks jurisdiction.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

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