Labor

  • August 22, 2025

    NY Forecast: Judge Weighs Police Officer's Retaliation Suit

    This week, a New York federal judge will consider competing motions for wins before trial in a suit brought by a former police officer for a New York town who claims it has violated a settlement agreement and discriminated against him on the basis of race. Here, Law360 looks at this and other cases on the docket in New York.

  • August 21, 2025

    John Deere Dinged For Withholding Emails From UAW Local

    John Deere violated federal labor law by withholding emails about a worker's discipline from a United Auto Workers local, a National Labor Relations Board judge ruled Thursday, saying the company can't deny the union access to the emails because a union committeeman didn't take a virtual confidentiality training course.

  • August 21, 2025

    Pa. Court Revives Fired County Worker's Whistleblower Claim

    A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.

  • August 21, 2025

    Challenge To Fed. Layoffs A 'Fishing Expedition,' 9th Circ. Told

    A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."

  • August 21, 2025

    Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says

    Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations.  

  • August 21, 2025

    Fired Pepsi Driver Accuses Union Of Deficient Representation

    PepsiCo Inc. fired a truck driver without just cause and the driver's union didn't fight hard enough for his reinstatement, the former driver alleged in a new lawsuit against the company and a Teamsters local in Pennsylvania federal court.

  • August 21, 2025

    Minor Leaguers Ask Justices To Kill MLB Antitrust Exemption

    Former players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages are asking the U.S. Supreme Court to take up the case and overturn baseball's century-old exemption from antitrust law.

  • August 21, 2025

    HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts

    The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.

  • August 21, 2025

    Union Says Tribal Ordinance Can't Stop Casino Workers Strike

    A UNITE HERE local asked a California federal judge to deny a Native American casino's bid for an injunction to stop casino workers from striking, saying the tribal ordinance that the casino seeks to invoke doesn't apply.

  • August 20, 2025

    Bakery Wants 11th Circ. To Rehear $15.6M Union Pension Row

    An Eleventh Circuit panel should rethink its split decision to hold a wholesale bakery liable for up to $15.6 million in payments to the union pension fund it withdrew from, the bakery argued Wednesday, saying the case is of great consequence for pension law interpretation and deserves a second look.

  • August 20, 2025

    5th Circ. SpaceX Case Gives Employers Path To Block NLRB

    The Fifth Circuit's decision upholding injunctions against three National Labor Relations Board prosecutions after finding the agency's structure is likely unconstitutional will open an avenue for employers to fend off agency proceedings, experts said, but with the U.S. Supreme Court expected to weigh in, its impact could be short-lived.

  • August 20, 2025

    NAACP, Unions Lose Bid To Stop Education Dept. Closure

    The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.

  • August 20, 2025

    Jury Properly Instructed In AFGE Officer Feud, DC Circ. Says

    An ousted American Federation of Government Employees officer must accept a jury's conclusion that the union lawfully removed him from his position as national secretary-treasurer in 2018, a D.C. Circuit panel said, denying his bid for a new trial.

  • August 20, 2025

    Construction Co. Asks 6th Circ. To Ax NLRB's Contempt Bid

    A construction company challenged the National Labor Relations Board's claim that the business hasn't fully complied with a Sixth Circuit enforcement ruling regarding a union's information request, arguing the board's decision lacked specifics to warrant contempt proceedings.

  • August 20, 2025

    ​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey

    A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.

  • August 19, 2025

    Nurses Say They Were Underpaid, Overworked At Hospital

    A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.

  • August 19, 2025

    Agencies' Union Rebukes Add Urgency To Challenges

    Federal agencies are stripping their workers of labor rights after courts provisionally blessed an executive order excusing the agencies from bargaining in the name of national security, though much remains to resolve in a growing pile of union challenges to the president's order.

  • August 19, 2025

    Nonprofits, Union Fight Withholding Of AmeriCorps Funds

    A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

  • August 19, 2025

    Mill Owner Must Face USW Arbitration Bid, But Not Parent Co.

    The parent company of a Wisconsin paper mill's owner has escaped the United Steelworkers' claim that it must arbitrate a subcontracting grievance filed against the mill's former owner, with a Wisconsin federal judge ruling that only the current owner needs to deal with the grievance.

  • August 19, 2025

    Alcoa Retirees Ask 7th Circ. To Back Lifetime Benefits Order

    A group of retirees and the United Steelworkers urged the Seventh Circuit not to pause a lower court's order requiring Alcoa USA Corp. to reinstate lifetime access to a healthcare plan, raising concerns about elderly retirees dying and not receiving benefits.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    5th Circ. Says NLRB Structure Likely Unconstitutional

    The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

  • August 18, 2025

    Unions Attack Gov't's Bid To Nix Federal Firings Dispute

    Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.

  • August 18, 2025

    Respecting Picket Wasn't A Strike, Teamsters Local Tells Court

    Airgas' collective bargaining agreement with a Teamsters local in Allentown, Pennsylvania, protects its workers' right to respect picket lines, the local told a Pennsylvania federal judge Monday, asking him to toss the gas supplier's claim that the workers' refusal to cross a picket line was a strike that violated the contract.

  • August 18, 2025

    Amazon Surveilled Workers At Ky. Air Hub, NLRB Judge Says

    Amazon violated federal labor law by threatening workers and cracking down on union displays in response to an organizing campaign at its Kentucky air hub, a National Labor Relations Board judge ruled Monday, saying the company did not have legitimate business reasons for taking the action.

Expert Analysis

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

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