Labor

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Waffle House Cleared Of Police Call Claim, NLRB Judge Says

    A National Labor Relations Board judge cleared Waffle House of a majority of claims including a claim that a manager threatened to call police on workers during a protest at a South Carolina restaurant, while finding the company unlawfully questioned employees about their union activities.

  • March 14, 2025

    LA Lands Deal With Airline Caterer To End Wage Law Dispute

    An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.

  • March 14, 2025

    Conn. City, Worker Settle Teamsters Union Membership Suit

    A Connecticut city has settled a public works employee's claim that he was fired for joining a local Teamsters union after pressure from the mayor and other bosses to invoke a 2018 U.S. Supreme Court case that allows government employees to avoid paying union dues.

  • March 14, 2025

    7th Circ. Backs Arbitrator Finding COVID Is No 'Act Of God'

    A distribution service provider failed to support its argument that an "act of God" exemption in a contract it had with a Teamsters chapter allowed the company to reduce workers' hours during the coronavirus pandemic, the Seventh Circuit ruled, keeping in place an arbitrator's conclusion.

  • March 14, 2025

    Acting NLRB GC Withdraws Exxon Temp Replacement Fight

    The National Labor Relations Board's acting general counsel has withdrawn a bid to overrule a nearly 40-year-old precedent in a case involving a labor dispute at Exxon Mobil over employers' ability to hire temporary replacement workers during a lockout.

  • March 14, 2025

    NY Forecast: 2nd Circ. Weighs Scope Of Marital Bias Law

    This week, the Second Circuit will weigh whether New York City law prohibits discrimination on the basis of marriage to a specific person, as it considers a suit brought by Wendy Williams' ex-husband over claims he was fired as a producer on her talk show after she filed for divorce. Here, Law360 looks at this and other cases on the docket in New York.

  • March 14, 2025

    Calif. Forecast: Full 9th Circ. To Weigh LA Schools Vax Policy

    In the coming week, attorneys should watch for a Ninth Circuit rehearing en banc in a challenge to a Los Angeles Unified School District COVID-19 vaccination mandate. Here's a look at that case and other labor and employment matters on deck in California.

  • March 14, 2025

    Post-Gazette Print, Ad Workers Take Buyout After Court Loss

    Striking production and advertising workers at the Pittsburgh Post-Gazette have reached a deal to take a buyout from the newspaper's publisher, the Communications Workers of America announced Thursday, just weeks after the National Labor Relations Board lost its bid to restart bargaining between the paper and the workers' unions.

  • March 13, 2025

    Feds Can't Pause NYC Congestion Pricing Cases

    A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.

  • March 13, 2025

    Fla. Nursing Home Dodged Union After Transfer, NLRB Says

    A National Labor Relations Board judge ruled that employees of a Florida nursing home were entitled to backpay and compensation for unused paid time off, finding that workers weren't told in advance that their facility switched operators in violation of a union collective bargaining agreement.

  • March 13, 2025

    UAW Says Volkswagen Dodging Union On Shift Changes

    Volkswagen has violated federal labor law by looking to conduct layoffs as part of a shift reduction at a recently unionized plant in Tennessee without bargaining with the union, the United Auto Workers claim in an unfair labor practice charge filed Thursday with the National Labor Relations Board.

  • March 13, 2025

    Teamsters, United Get Attendants' Raise Method Suit Trimmed

    The Teamsters and United Airlines can escape most of a suit in which flight attendants challenged the formula for how the union sorts out raises, a California federal judge ruled Thursday, keeping alive only Railway Labor Act due process claims.

  • March 13, 2025

    SEIU Fund Escapes Surgery Centers' Underpayment Suit

    A Service Employees International Union benefit fund no longer has to face a lawsuit four surgical centers launched accusing it of shortchanging them on patient treatments, with a New York federal judge saying Wednesday the centers have failed to show that any agreement existed between themselves and the fund.

  • March 13, 2025

    Judge Tosses Pot Co.'s Challenge To Calif. Labor Peace Law

    A California federal judge has dismissed a constitutional challenge to the Golden State's law requiring marijuana businesses to have labor peace agreements, saying that the court could not intervene in the matter because the entire industry is federally illegal.

  • March 13, 2025

    Amazon Tells 11th Circ. NLRB Captive Audience Ban Must Fall

    Amazon has urged the Eleventh Circuit to reverse a National Labor Relations Board decision declaring so-called captive audience meetings unlawful, saying the agency's precedent shift infringes on the First Amendment and runs counter to decades of interpretation of federal labor law.

  • March 13, 2025

    Rikers Fails To Pay For OT Work, Correction Officers Say

    New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.

  • March 13, 2025

    5th Circ. Sides With NLRB On Reconsidered Exxon Ruling

    The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 12, 2025

    'Not An Autocracy': Judge Says Trump Can't Fire FLRA Chair

    President Donald Trump last month unlawfully fired the Democratic chair of the Federal Labor Relations Authority, a Washington, D.C., federal judge ruled Wednesday, saying the government "is not an autocracy" that allows the president to "remove federal officials on a whim."

  • March 12, 2025

    Amazon Takes NLRB Constitutional Fight To 9th Circ.

    The Ninth Circuit must find that removal protections for National Labor Relations Board members and judges flout the U.S. Constitution, Amazon argued in a brief, challenging a lower court's denial of the e-commerce conglomerate's bid for an injunction to block an unfair labor practice proceeding.

  • March 12, 2025

    NLRB Atty Says Agency Stifled Her Over Park Advocacy

    An attorney in the National Labor Relations Board's Seattle office sued the agency in Washington, D.C., federal court Wednesday, alleging it suppressed her First Amendment rights by referring her for criminal prosecution over her work for a local park advocacy group.

  • March 12, 2025

    DC, 21 States Back Ex-NLRB Member's Reinstatement

    A coalition of 21 Democratic-led states and the District of Columbia urged the D.C. Circuit to deny the Trump administration's effort to hold the reinstatement of National Labor Relations Board member Gwynne Wilcox, saying delaying the reinstatement would stall labor disputes.

  • March 12, 2025

    Senate Confirms Trump's Pick For DOL Deputy Leader

    The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.

  • March 12, 2025

    Acting NLRB GC Pulls Arguments In Starbucks, ACLU Cases

    A National Labor Relations Board attorney withdrew arguments in separate cases involving Starbucks and the American Civil Liberties Union about so-called captive audience meetings and negotiating over discipline with a new union, pointing to the acting general counsel's rescission of his predecessor's memorandums.

Expert Analysis

  • 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.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • 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.