Labor

  • February 24, 2025

    Retired Conn. Cops Can't Get Retro Pay Under New Contract

    More than 30 retired New Haven police officers couldn't snag retroactive back pay a collective bargaining agreement laid out because they were not active employees when the contract was ratified, the Connecticut Appellate Court ruled, affirming a trial court's decision to toss the cops' suit.

  • February 21, 2025

    Unions Lose Bid To Block Trump Admin Efforts To Gut USAID

    A Washington, D.C., federal judge Friday refused to grant a preliminary injunction barring the Trump administration from placing U.S. Agency for International Development employees on leave, halting funding and taking other steps that federal employee unions say are meant to illegally dismantle the foreign assistance agency.

  • February 21, 2025

    New EO Could Give Trump More 'Levers' To Influence NLRB

    A recent executive order issued by President Donald Trump that seeks to rein in independent federal agencies could increase political influence on the National Labor Relations Board, though experts said it is unclear just how much of the board's work the change will touch.

  • February 21, 2025

    Trump, NLRB Chairman Defend Wilcox's Removal As Lawful

    President Donald Trump told a D.C. federal judge Friday that former National Labor Relations Board member Gwynne Wilcox should not be reinstated, laying out his arguments for why a 90-year-old U.S. Supreme Court opinion does not apply to board members.

  • February 21, 2025

    Teamsters Unit Fights Amazon's New Bid To Block NLRB Case

    Amazon doesn't deserve an injunction blocking a National Labor Relations Board hearing any more now than it did two weeks ago, a Teamsters unit argued, asking a California judge to toss the company's renewed bid to escape a hearing on claims that it illegally snubbed a delivery drivers union.

  • February 21, 2025

    NY Forecast: 2nd Circ. Hears Harassment Retaliation Case

    This week, the Second Circuit will consider reviving a New York school district employee's lawsuit claiming she was retaliated against after she complained that an administrator at her school sexually harassed her. Here, Law360 looks at this and other notable cases on the docket in New York courts.

  • February 21, 2025

    GOP Lawmakers Press DOJ On Union Pension Overpayments

    Thirty union pension plans haven't reported whether they've returned the overpayments they received from a federal bailout, two leaders of the U.S. House of Representatives' Committee on Education and the Workforce told new Attorney General Pam Bondi, asking the U.S. Department of Justice to look into it.

  • February 21, 2025

    Magistrate Judge Supports Deal Ending NLRB Contempt Spat

    A federal magistrate judge recommended approval for a settlement between the National Labor Relations Board and a radio station operator to resolve contempt proceedings in the Second Circuit, with the company agreeing to bargain with a union and assign live on-air work to an employee.

  • February 21, 2025

    Justices Knock Ala. For Immunizing State Officials

    The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.

  • February 20, 2025

    Unions Call Mass Layoff Of Probationary Fed. Workers Illegal

    The U.S. Office of Personnel Management lacked the authority to order federal agencies to lay off tens of thousands of probationary employees, a group of unions representing federal workers argued in a new lawsuit in California federal court, looking to nullify the office's Feb. 13 mass-layoff directive.

  • February 20, 2025

    Unions' Downsizing Suit Belongs Before FLRA, Judge Says

    A D.C. federal judge denied requests Thursday to block the president from carrying out three federal downsizing initiatives, rejecting unions' argument that their challenge is an exception to the rule that federal union disputes belong before the agency charged with adjudicating them.

  • February 20, 2025

    Barista, NLRB Agree To Put Constitutional Challenge On Ice

    A Texas federal judge on Thursday paused a constitutional challenge against the National Labor Relations Board from a Starbucks worker represented by the National Right to Work Legal Defense Foundation, after the parties requested a stay in light of former board member Gwynne Wilcox's suit over her firing.

  • February 20, 2025

    IRS Worker Layoff Could Hamper Enforcement, Groups Warn

    Congressional Democrats, tax and economic policy groups and an IRS workers union warned Thursday that the termination of thousands of Internal Revenue Service employees that began the same day could threaten the agency's ability to enforce tax laws and hamper taxpayer services amid tax-filing season.

  • February 20, 2025

    Unions Demand Insight Into DOGE's Agency Audits

    Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.

  • February 20, 2025

    2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand

    Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.

  • February 20, 2025

    Teachers At JCC Facilities Can't Unionize, NLRB Official Says

    Preschool teachers employed by a Jewish community center in and around Columbus, Ohio, can't unionize, a National Labor Relations Board official has ruled, saying the employer qualifies as a religious institution that the board lacks jurisdiction over. 

  • February 19, 2025

    '80s Diner Challenges NLRB's Authority At 5th Circ.

    An '80s-themed diner in Houston asked the Fifth Circuit to invalidate the National Labor Relations Board's finding that it violated federal labor law by firing eight strikers, challenging the board's authority and arguing that half the workers were supervisors unprotected by the National Labor Relations Act.

  • February 19, 2025

    NLRB Official Backs Count Of Ballot In Tied Trader Joe's Vote

    Trader Joe's objections to a 70-70 union representation vote at a Chicago store don't justify a rerun election, a National Labor Relations Board regional director concluded, finding a single challenged ballot from a transferred worker must be counted.

  • February 19, 2025

    Farmworker Advocates Seek Block On DOL Visa Approvals

    A farmworker union called on a Washington federal court to stop the U.S. Department of Labor from approving H-2A job orders that do not pay prevailing wages, arguing the practice depresses domestic wages.

  • February 19, 2025

    Local 11 Must Pay Health Fund's Atty Fees In Sanctions Fight

    An Illinois federal judge on Tuesday granted attorneys' fees in connection with work to file a sanctions motion against a union local in a federal benefits lawsuit against their multiemployer union health fund but reduced the total grant to about half of what was requested.

  • February 19, 2025

    Acting NLRB GC Pursues Cemex Order At Missouri Starbucks

    National Labor Relations Board prosecutors requested a Cemex bargaining order against Starbucks related to its alleged federal labor law violations at a Missouri store, after asking for a filing extension to make sure its post-hearing brief "reflects the views" of the agency's new acting general counsel.

  • February 19, 2025

    NLRB Judge Dings Co. After Manager Pulled Gun On Workers

    A Louisiana landscaping company violated federal labor law when its managers fired, threatened, throttled and pulled a gun on a group of employees who confronted them about withheld pay, a National Labor Relations Board judge ruled.

  • February 19, 2025

    DOL Nom Seeks Distance From PRO Act Support At Hearing

    President Donald Trump's nominee for U.S. Department of Labor secretary said during a Senate confirmation hearing Wednesday that although she previously backed pro-organizing legislation as a member of the U.S. House, she is "no longer" a lawmaker and would follow Trump's agenda.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    Acting NLRB GC Signals New Era With Guidance Memo Purge

    Acting National Labor Relations Board general counsel William Cowen took an expected first step toward altering the agency's trajectory when he moved to rescind some of his predecessor's highest-profile initiatives, but more lasting changes might require President Donald Trump to nominate a new general counsel and board members.

Expert Analysis

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

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