Labor

  • May 02, 2025

    Calif. Forecast: Delta $12M Meal Breaks Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential preliminary approval of a $12 million deal to resolve a proposed wage and hour class action against Delta Air Lines Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • May 01, 2025

    Union Says Wilcox Ruling Invalidates Amazon Injunction Bid

    Amazon's Constitution-based bid to block a National Labor Relations Board case cannot stand now that the company's argument has been rejected in Washington, D.C., federal court, a Teamsters unit told a California federal judge, pointing to the recent D.C. ruling that board members' job protections are constitutional.

  • May 01, 2025

    Acting NLRB GC Pushes For Drop Of 3 Precedent Fights

    A National Labor Relations Board attorney dropped a trio of requests to overturn board precedents about workplace rules and proof of anti-union bias, saying the move to withdraw these efforts stems from the acting general counsel's walk back of some of his predecessor's memoranda.

  • May 01, 2025

    Software Co. Fights NLRB's Order In Firing Case At DC Circ.

    A Vermont software company is fighting the National Labor Relations Board's finding that it violated federal labor law by firing four workers after a salary spreadsheet circulated at the company, telling the D.C. Circuit that it didn't fire the workers for their legally protected workplace activism but for their hostility toward the company.

  • May 01, 2025

    4th Circ. Skips To Full Review Of DOGE's SSA Access

    The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.

  • May 01, 2025

    9th Circ. Must Not Rethink Macy's Order, NLRB Says

    The National Labor Relations Board urged the Ninth Circuit not to reconsider its enforcement of a board decision requiring Macy's to pay locked out workers for "direct or foreseeable" harms, arguing the NLRB has the power to issue this remedy under federal labor law.

  • April 30, 2025

    Manager's 'Fake Tears' Remark Was Illegal, NLRB Judge Says

    The operator of the Lodi restaurant in Rockefeller Center violated federal labor law when a manager quoted workers' remarks in a chat about her "fake tears," a National Labor Relations Board judge ruled Wednesday, while nixing other allegations, including that management presence illegally increased before a representation vote.

  • April 30, 2025

    Local Gov'ts, Union Seek Block Of COVID Grant Cancellations

    Three cities, a county and a public employees' union asked a Washington, D.C., federal judge Wednesday to block the government from rescinding $11 billion in public health grants doled out through pandemic-era laws, saying the grants weren't intended to stop when the pandemic stopped.

  • April 30, 2025

    AFL-CIO Backs NLRB In Diner's Challenge To In-House Court

    The AFL-CIO has thrown its weight behind the National Labor Relations Board in the agency's opposition to a constitutional challenge filed by a Texas diner, telling the Fifth Circuit that the diner's "radical theory" rests on an argument the U.S. Supreme Court rejected nearly a century ago.

  • April 30, 2025

    DOL, HHS Seek Nix Of Bid To Halt DOGE's Access To Systems

    The U.S. Department of Labor and the U.S. Department of Health and Human Services challenged a bid to halt agencies from giving Elon Musk's Department of Government Efficiency access to sensitive systems, telling a D.C. federal judge that a group of unions didn't show personal information would be leaked.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Starbucks Flouts Labor Law At Philly Cafe, NLRB Judge Says

    Starbucks flouted federal labor law at a Philadelphia store by encouraging workers to report union activity to their managers and by firing two workplace activists over violations of a previously unenforced attendance policy, a National Labor Relations Board judge ruled.

  • April 30, 2025

    Michael Best Gains Higher Ed Leader In Austin From Littler

    Michael Best & Friedrich LLP has deepened its labor and employment practice group with a partner in Austin who also serves as co-chair of the firm's higher education industry team and came aboard from Littler Mendelson PC.

  • April 30, 2025

    Bipartisan House Members Pitch Expanded Paid Family Leave

    A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.

  • April 29, 2025

    USPTO Flouted Labor Law At Examiner Meeting, Union Says

    The labor union representing the federal government's patent examiners has filed a formal complaint alleging a representative for the union was blocked from being able to talk at a meeting between the workers and the federal patent office.

  • April 29, 2025

    Joann Floats $1.3M Ohio Closure Deal With Union Workers

    Bankrupt crafting supply seller Joann Inc. proposed a deal on Monday with unionized workers at an Ohio distribution facility that will pay $1.3 million in severance and unused time-off payments for staying at work until the facility is closed.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    Exxon, USW Settle Texas Court Case About Grievance Spat

    Exxon Mobil and a United Steelworkers local ended the oil giant's Texas federal court dispute aiming to halt the union from relitigating an issue about the automatic granting of grievances, with a judge approving the parties' request to toss the case.

  • April 29, 2025

    Trump Can't Reorganize Gov't Without Congress, Groups Say

    President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.

  • April 29, 2025

    Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.

    A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.

  • April 29, 2025

    Union Fights Vegas Casino Co.'s Bid To Block NLRB Cases

    A union is fighting Station Casinos LLC's argument that the National Labor Relations Board lacks the authority to prosecute the company for violating labor law, telling a Nevada federal judge that Station's constitutional challenge to the board's structure is an attempt to evade responsibility for its illegal anti-union tactics.

  • April 29, 2025

    Federal Defenders Of NY Staff Announce Union Drive

    Staff members at the Federal Defenders of New York have announced their plans to join their attorney colleagues as members of the Association of Legal Advocates and Attorneys.

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 28, 2025

    Judge Says Trump Lacked Power To Erase Bargaining Rights

    A Washington, D.C., federal judge on Monday explained his rationale for blocking President Donald Trump's effort to end collective bargaining for certain federal workers last week, saying that it's likely the president doesn't have the authority to exclude a slew of federal agencies from the Federal Service Labor-Management Relations Statute.

  • April 28, 2025

    Exxon Asks Full 5th Circ. To Rethink NLRB Flip In Labor Case

    An ExxonMobil unit Monday urged the full Fifth Circuit to undo a panel of judges' decision backing the National Labor Relations Board in holding the company liable for unfair labor practices despite the board freeing it from allegations years prior, warning of a "politicization" of federal labor laws.

Expert Analysis

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Trump Presidency May Influence NLRB's Next Phase

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    Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

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