Labor

  • March 31, 2025

    2 Takeaways After DC Circ. Freezes Rehiring Of Labor Officials

    A panel majority's opinion giving an early green light to President Donald Trump's firing of two labor agency panel members took a narrow view of the U.S. Supreme Court precedent restricting presidents' removal power that the full D.C. Circuit — which will soon weigh in — may not share. Here, Law360 looks at takeaways from Friday's ruling.

  • March 31, 2025

    Alcoa Retirees, Unions Win Block On Health Benefits Cutoff

    Aluminum producer Alcoa USA Corp. must provide lifetime healthcare benefits to a group of retirees who were represented by unions, an Indiana federal judge ruled, greenlighting an injunction that allows class members to retroactively seek payments for costs.

  • March 31, 2025

    Minimum Wage Orders Blocked For H-2A Farmworkers In Wash.

    The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.

  • March 31, 2025

    NJ Panel Denies Double Pay For Union In COVID Case

    Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.

  • March 31, 2025

    Trump Chooses DOL Wage Chief

    President Donald Trump on Monday nominated Andrew Rogers, acting general counsel for the U.S. Equal Employment Opportunity Commission, to run the U.S. Department of Labor's Wage and Hour Division, a role that along with the labor secretary oversees wage rulemaking and enforcement.

  • March 31, 2025

    Ex-MSPB Member Asks Full DC Circ. To Hear Firing Case

    Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.

  • March 31, 2025

    NLRB Judge Says Heating Co. Illegally Refused To Sign CBA

    A Wyoming heating and cooling company violated federal labor law by refusing to sign a labor contract it agreed to with its workers' union, a National Labor Relations Board judge said, finding the company consented to the collective bargaining agreement in a way that triggered an obligation to sign.

  • March 31, 2025

    AT&T Unit Illegally Delayed Reply To Info Bid, NLRB Says

    AT&T California unlawfully delayed its response to an information request related to a grievance from a Communications Workers of America local, the National Labor Relations Board concluded, with the board's chairman saying he would be willing to review the agency's deferral policy for information requests.

  • March 28, 2025

    Plan Administrator Wins Electric Co.'s Union Healthcare Fight

    An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.

  • March 28, 2025

    Supreme Court Denials Won't End NLRB Loper Bright Args

    The U.S. Supreme Court's rejection of two labor cases does not spell an end for employers' arguments disputing how much deference courts owe the National Labor Relations Board, challenges that are increasingly common since the justices' Loper Bright decision last term abandoning Chevron deference.

  • March 28, 2025

    DOD Seeks To Void Union Deals Over Efficiency Concerns

    The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.

  • March 28, 2025

    Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now

    The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.

  • March 28, 2025

    NY Forecast: 2nd Circ. Weighs City Worker's Free Speech Suit

    This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.

  • March 28, 2025

    Judge 'Cannot Look Away,' Halts Trump Admin Cuts At CFPB

    A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    Plumber's Union Ties Cost Him Shot At Job, NLRB Judge Says

    A Minnesota plumbing company illegally turned away an applicant because of his union ties, a National Labor Relations Board judge concluded, saying the snub placed the company on the hook for a National Labor Relations Act violation.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    Starbucks Illegally Banned Union Backers, NLRB Judge Says

    Starbucks unlawfully suspended union supporters at a South Carolina cafe and temporarily closed the store, a National Labor Relations Board judge ruled, finding the workers' actions, such as demanding raises from a manager, did not lose protection under federal labor law.

  • March 28, 2025

    UAW Beats Black Truck Driver's Bias Claim

    The United Auto Workers escaped a former Howmet Aerospace Inc. employee's lawsuit claiming the union failed to adequately challenge his termination because he's Black, with an Ohio federal judge saying he'd failed to identify a non-Black colleague who received the representation he felt he was owed.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    Judge Blocks Trump Shutdown Of Voice Of America

    A Manhattan federal judge on Friday temporarily blocked the Trump administration's move to gut the agency that controls international news outlet Voice of America, saying it appeared to be a "classic case" of arbitrary policymaking.

  • March 27, 2025

    Trump Targets National Security Workers' Bargaining Rights

    President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.

  • March 27, 2025

    Trump Can Fire Agency Officials He Distrusts, DC Circ. Told

    The White House laid out reasoning Thursday for asking the D.C. Circuit to bless President Donald Trump's firing of two Merit Systems Protection Board and National Labor Relations Board members, saying their reinstatement by lower courts interfered with executive authority and saddled Trump with officials "who lack his trust."

  • March 27, 2025

    Fired Immigrant Advocate Gets $225K In Labor Deal

    A National Labor Relations Board judge has approved a $225,000 settlement in a case accusing a nonprofit immigration legal services agency of illegally discharging an attorney, bringing an end to a year-old challenge to the lawyer's December 2023 firing.

  • March 27, 2025

    NLRB Declines Precedent Shift For Bargaining Over Discipline

    The National Labor Relations Board tossed on Thursday an allegation that Starbucks violated federal labor law by not negotiating with Workers United over the discipline of a worker, declining to shift precedent on an employer's bargaining obligation with a union that hasn't notched a first contract.

Expert Analysis

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • 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.

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