Labor

  • September 02, 2025

    Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup

    Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.

  • September 02, 2025

    Cos. Prefer Painters To Laborers For Seattle Bridge Job

    The National Labor Relations Board should award scaffolding work on a Seattle bridge repaving project to the Painters union, not the Laborers union, two contractors told the board, while the Laborers union asked the board to toss the jurisdictional dispute.

  • September 02, 2025

    NLRB Pushes 6th Circ. To Find Construction Co. In Contempt

    The National Labor Relations Board defended its request to hold a construction company in contempt for not fully complying with a Sixth Circuit enforcement ruling, saying the appeals court's decision clearly ordered the business to provide requested information to a union.

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • September 02, 2025

    Bay Area Rock Climbing Gym Workers Granted Union Vote

    A National Labor Relations Board official has given workers at four Bay Area rock climbing gyms the green light to vote on representation by Workers United, rejecting Touchstone Climbing Inc.'s argument that any bargaining unit formed should include workers from all nine of its area gyms.

  • August 29, 2025

    NLRB Attys Seek Rehire Order For REI Union Drive Leader

    National Labor Relations Board prosecutors have asked a federal judge to order REI to rehire a worker who began an organizing drive at an Oregon store, saying firing the prominent union supporter "stifled" workers' rights and will continue to do so without an injunction.

  • August 29, 2025

    Former National Security Officials Say Union EO Went Too Far

    Although President Donald Trump said he was protecting national security when he opened the door for dozens of agencies to shred their union contracts, he was actually retaliating against the unions for speaking out against him, a coalition of former senior national security officials told the Ninth Circuit on Friday.

  • August 29, 2025

    Ex-Philly Labor Leader Cites Ailing Wife In Prison Release Bid

    John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, has asked a federal judge to free him early from his six-year prison term for bribery and embezzlement so that he can go home to care for his ailing wife, who he claims will ultimately die without his assistance.

  • August 29, 2025

    Calif. Leaders, Gig Cos. Announce Driver Union Deal

    California Gov. Gavin Newsom and California lawmakers announced Friday that they reached a deal with Uber and Lyft to back a measure allowing the state's hundreds of thousands of gig drivers to unionize while treating them as independent contractors.

  • August 29, 2025

    NLRB Atty Joins Blank Rome's Labor Group In Philadelphia

    An attorney who spent the first 15 years of his legal career working with National Labor Relations Board has recently moved into private practice and joined Blank Rome LLP's growing labor team.

  • August 29, 2025

    4 Appellate Arguments For Benefits Attys To Watch In Sept.

    Yellow Corp. seeks to revive a $137 million breach dispute against the Teamsters at the Tenth Circuit, married retirees will ask the Eleventh Circuit to restart a pension conversion fight, and the en banc Fifth Circuit reconsiders a challenge to a rule implementing a 2020 surprise health billing law.

  • August 29, 2025

    Medieval Times Suppressed Failed Union Push, NLRB Told

    National Labor Relations Board prosecutors urged the board to affirm a judge's ruling that Medieval Times suppressed a union drive by dangling withheld raises, filing a baseless trademark suit and firing a union backer, saying the ruling aligns with the evidence and board precedent.

  • August 29, 2025

    NY Forecast: 2nd Circ. Hears Northwell COVID Vaccine Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former healthcare workers who claimed they were discriminated against on the basis of their religion when they were fired for refusing to take the COVID-19 vaccine.

  • August 29, 2025

    SoCal Hotel Looks To Re-Up Challenge To UNITE HERE Vote

    A National Labor Relations Board regional director should have held a hearing on four of a Southern California hotel's objections to its workers' unionization, the Hilton-affiliated hotel told the agency official, requesting review of her decision to certify a UNITE HERE local as the hotel staff's bargaining representative.

  • August 29, 2025

    Calif. Forecast: NLRB Fights Co. With Union-Busting Claims

    In the coming week, attorneys should watch for arguments in a National Labor Relations Board case against an environmental and engineering consultant. Here's a look at that case and other labor and employment matters on deck in California.

  • August 29, 2025

    States Say White House Caved In AmeriCorps Cut Fight

    A coalition consisting of Maryland, two dozen other states and D.C. that is challenging the Trump administration's attempts to slash AmeriCorps programs and withhold funds announced Friday the White House has chosen to release nearly $185 million as it faced "a blistering legal defeat."

  • August 28, 2025

    Trump Ends Bargaining Rights For Workers At More Agencies

    President Donald Trump on Thursday signed an executive order that purports to remove collective bargaining rights from federal workers at several more agencies, including NASA, the National Weather Service and the U.S. Patent and Trademark Office, a move that one union slammed as "retaliation."

  • August 28, 2025

    Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

    Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

  • August 28, 2025

    Grad Workers' Union Surge Stalls Under Trump

    Organizing among graduate student workers boomed under President Joe Biden as students at more than two dozen private colleges and universities capitalized on a favorable policy climate. That wave has hit a wall under President Donald Trump, whose arrival has also sapped existing unions' leverage.

  • August 28, 2025

    6th Circ. Backs Calculation Redo On $11M Fund Exit Liability

    The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.

  • August 28, 2025

    Unions Urge Judgment Blocking DOGE's Agency Access

    Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

  • August 28, 2025

    Judge Keeps Co.'s Challenge To NLRB Structure In Texas

    A marine construction company may continue pursuing its constitutional challenge to the National Labor Relations Board's structure in Texas federal court, a Texas federal judge has ruled, rejecting the agency's bid to transfer the case to California federal court.

  • August 28, 2025

    NLRB Judge Undoes Firing Of Hospital Nurse For Social Post

    A North Carolina hospital violated the National Labor Relations Act by firing a nurse who posted on her private Facebook page that she had a vendetta against an unnamed manager and was "coming for her," a National Labor Relations Board judge ruled, saying the post's context rendered it NLRA-protected activity.

  • August 28, 2025

    School Union Inks $110K Deal To End EEOC Race Bias Suit

    A school district labor union has agreed to pay $110,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against a Black custodian by challenging his promotion, according to a filing Thursday in Illinois federal court.

  • August 28, 2025

    Trump Fires Democratic Member Of Rail Regulator

    President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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