Labor

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Justices Clarify Question Underlying Withdrawal Liability Case

    The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.

  • July 02, 2025

    Teamsters Say Kroger Must Arbitrate Health Insurance Dispute

    A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.

  • July 02, 2025

    Trump Federal Worker Policy Tested Unions In 2025's 1st Half

    Since returning to the White House in January, President Donald Trump has taken a number of actions to pare back the U.S. government workforce, including widespread layoffs and agency restructurings, but federal workers' unions have sought to curb those efforts by filing a flood of lawsuits — with mixed results.

  • July 02, 2025

    NLRB GC Accuses Starbucks Of 'Nationwide' Anti-Union Effort

    National Labor Relations Board prosecutors claimed Starbucks deployed a "nationwide strategy to crush" unionization efforts in challenging an agency judge's denial of remedies, arguing that the board must find the coffee giant illegally fired five workers who went inside a South Carolina store after hours to clean it.

  • July 02, 2025

    Medical Imaging Facility Operator Fights NLRB Rehire Order

    A National Labor Relations Board finding that a medical imaging facility operator violated an informal settlement agreement by failing to rehire a worker with back pay should be nixed, the company told the Ninth Circuit, saying she forfeited her right to reinstatement and her position no longer exists.

  • July 02, 2025

    Union Secures Award At Chicago Hotel In Migrant Shelter Row

    A Chicago hotel must comply with an arbitration award finding it failed to employ union-represented workers while it was used as a migrant shelter, an Illinois federal judge ruled, upholding conclusions that the employer tried to evade bargaining obligations.

  • July 02, 2025

    Union Backs NLRB In Starbucks Subpoena Row At 5th Circ.

    The National Labor Relations Board correctly docked Starbucks for sending workers subpoenas "demanding that they reveal every aspect of their union organizing activities" after they had agreed to testify against the company in an unfair labor practice case, Workers United told the Fifth Circuit, asking it to enforce the ruling.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 01, 2025

    NLRB Nominations Fight Expected In Second Half Of 2025

    The National Labor Relations Board has spent most of the first half of 2025 without a quorum, and while experts expect President Donald Trump to name nominees soon, competing visions for labor policy within the Republican Party might complicate their paths to confirmation. 

  • July 01, 2025

    DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal

    A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

  • July 01, 2025

    NLRB Advice Finds Worker's Secret Recording Was Illegal

    A supermarket in California lawfully fired an employee for secretly recording a colleague, a National Labor Relations Board attorney said in a memorandum, determining the terminated worker's actions lost federal labor law protection.

  • July 01, 2025

    Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views

    A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.

  • July 01, 2025

    HomeSafe Layoffs After Lost DOD Contract Spur Suit

    A Georgia man hit KBR Inc. and HomeSafe Alliance LLC with a proposed class action alleging that they failed to provide notice before terminating some 200 employees after the U.S. government scrapped a moving services contract worth up to $20 billion for performance troubles.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

  • June 30, 2025

    Transport Co. Jointly Employs Operators, NLRB Officer Says

    A contractor operating rental car shuttle services at George Bush Intercontinental Airport in Houston and a staffing firm are joint employers of workers seeking Teamsters representation, a National Labor Relations Board regional director concluded, finding the transportation company has power over some key employment terms.

  • June 30, 2025

    Union Calls For NLRB To Order 2nd Vote At NYC Restaurant

    The National Labor Relations Board must order a rerun representation election at Lodi, a restaurant in Manhattan's Rockefeller Center, a union argued, saying an agency judge was "badly mistaken" when he concluded some federal labor violations did not warrant a second vote.

  • June 30, 2025

    NY Legal Services Union Chapters Authorize Strikes

    Two chapters of the Association of Legal Aid Attorneys held practice pickets on Monday afternoon after voting to authorize a strike as members across New York City approach the end of their collective bargaining agreements.

  • June 30, 2025

    NLRB Official OKs Union Vote For Penn Postdocs

    A National Labor Relations Board official has approved an election for about 1,500 postdoctoral fellows and research assistants at the University of Pennsylvania to vote on representation by the United Auto Workers, rejecting the university's contention that they were ineligible to unionize under federal labor law.

  • June 30, 2025

    Justices Will Review Union Fund's Withdrawal Liability Math

    The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.

Expert Analysis

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

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