Labor

  • January 30, 2025

    6th Circ. Wonders If Trump NLRB Shake-Up Moots Memo Suit

    Sixth Circuit judges wrestled Thursday with what to do with a legal challenge to a memo penned by the National Labor Relations Board's former general counsel given her recent firing and expected shifts in the agency's policy direction under President Donald Trump.

  • January 30, 2025

    IUOE's Top Leader Pleads Guilty To Filing False DOL Reports

    A former International Union of Operating Engineers general president pled guilty to not disclosing $315,000 worth of event tickets in annual reports to the U.S. Department of Labor, according to federal court filings, with the ex-union leader facing a potential prison sentence and thousands in fines.

  • January 30, 2025

    Sea-Tac Pipeline Operators Fall Under NLRA, Official Says

    The National Labor Relations Board has jurisdiction over the pipeline operators employed by FSM Group LLC at Seattle-Tacoma International Airport, a board official has determined, rejecting the employer's argument that the agency that administers the Railway Labor Act has jurisdiction instead.

  • January 29, 2025

    'DO NOT RESPOND': CFPB Union Calls Buyout Email A Trap

    The Consumer Financial Protection Bureau's union has urged staff at the agency to refrain from responding to the Trump administration's buyout offer for federal employees, describing it as a potential trap and suggesting they consider marking it as spam instead.

  • January 29, 2025

    AFGE, AFSCME Fight Trump's Federal Workers Order

    Two unions representing thousands of federal government employees sued the Trump administration Wednesday, seeking to halt enforcement of a portion of the president's executive order rolling back a Biden-era regulation covering protections for career civil service workers.

  • January 29, 2025

    SkyWest Beats Union's Claim It Shirked DOL Reporting

    A flight attendants' union can't accuse SkyWest Airlines of failing to report its funding of an in-house employees' group to the U.S. Department of Labor, a Utah federal judge ruled Wednesday, saying only the secretary of labor can enforce the Labor Management Reporting and Disclosure Act's reporting requirements.

  • January 29, 2025

    Trump Easing Federal Worker Firings Could Hamper NLRB

    President Donald Trump's executive order making it easier to fire certain federal employees could hurt the National Labor Relations Board's ability to retain staff and damage the deliberative process the agency uses for prosecuting cases, former NLRB attorneys and other experts said.

  • January 29, 2025

    Mass. Judge Sends Stellantis' UAW Strike Suit To Calif.

    A Massachusetts federal judge has sent a Stellantis lawsuit accusing the UAW of violating a collective bargaining agreement by threatening mid-contract strikes to a California federal court where the automaker is pursuing identical claims over the union's tactics.

  • January 29, 2025

    4 Questions About Trump's Federal Worker Resignation Policy

    President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.

  • January 29, 2025

    Trump Fired NLRB Officers Over Lack Of 'Confidence'

    President Donald Trump fired National Labor Relations Board member Gwynne Wilcox and general counsel Jennifer Abruzzo because of doubts they would give employers a fair shake, asserting in a discharge letter obtained by Law360 on Wednesday that he may fire NLRB members at will.

  • January 29, 2025

    Southwest Worker Can't Yet Snag $2M Atty Fees In Bias Case

    A flight attendant cannot recover nearly $2.5 million in attorney fees incurred while litigating her suit in which she claimed Southwest terminated her after she sent pictures of aborted fetuses during a Transport Workers Union of America Local 556 action, a Texas federal judge ruled.

  • January 29, 2025

    Health Center Must Pay NLRB's Fees To End Challenge

    A Chicago health center may withdraw its constitutional challenge against the National Labor Relations Board if it shoulders the agency's legal fees, an Illinois federal judge ruled, noting the NLRB opposes the withdrawal because it believes the health center will sue again in a friendlier court.

  • January 29, 2025

    NLRB Shake-Up Not Basis To Delay Case, Agency Judge Says

    A building services company can't push back a hearing about a Cemex bargaining order on the grounds that the National Labor Relations Board lacks a general counsel or quorum on the board, an administrative law judge ordered, saying the reshuffle at the agency is "not a valid reason to postpone."

  • January 29, 2025

    Boeing's Pilot Layoffs Did Not Flout Labor Law, NLRB Says

    Boeing had valid, nondiscriminatory reasons for laying off a group of flight training airplane instructor pilots after they voted to keep their union, the National Labor Relations Board has ruled, reversing an agency judge's ruling.

  • January 28, 2025

    Trump Tells Federal Workers They're Welcome To Resign

    The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."

  • January 28, 2025

    3 Takeaways From Trump's NLRB Leadership Shake-Up

    The firings of National Labor Relations Board member Gwynne Wilcox and general counsel Jennifer Abruzzo will disrupt the agency's operations and ignite a legal battle over the president's power to remove board members, experts say. Here, Law360 looks at these and other takeaways from these consequential personnel moves at the top of the NLRB.

  • January 28, 2025

    Union Rates See Continued Drop In 2024, BLS Says

    The overall share of union-represented workers dipped in 2024, according to data released Tuesday by the U.S. Department of Labor's Bureau of Labor Statistics, marking another year of decreasing unionization rates while labor advocates say the data doesn't reflect ongoing organizing efforts.

  • January 28, 2025

    Creditors Seek To End Yellow Corp.'s Exclusive Ch. 11 Control

    The official committee of unsecured creditors in Yellow Corp.'s bankruptcy case filed a motion Tuesday to terminate the defunct trucking company's exclusive right to file a Chapter 11 plan, or alternatively, to convert the proceedings to a Chapter 7 liquidation.

  • January 28, 2025

    Union Worker Entitled To Higher Pension Benefits, Judge Says

    A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.

  • January 28, 2025

    OPM Looking To Dodge USPTO's Union Telework Exception

    U.S. Patent and Trademark Office employees whose telework is protected in a collective bargaining agreement don't have to work in person, the agency has confirmed, but the federal government has told agencies to review how to change those agreements.

  • January 28, 2025

    Philly Whole Foods Workers Become Chain's First To Unionize

    Employees of a Whole Foods in Center City, Philadelphia, have become the Amazon-owned grocery chain's first workers to vote yes on union representation, with 57% of the staff voting in favor of affiliating with a United Food and Commercial Workers local.

  • January 28, 2025

    Freeman Mathis Bulks Up In Chicago, Nashville, Dallas And LA

    Freeman Mathis & Gary LLP has added new partners in Chicago, Nashville, Los Angeles and Dallas, with the hires underscoring the firm's "dedication to strategic expansion and delivering outstanding client service," a firm leader said Tuesday.

  • January 28, 2025

    Trump Removes NLRB General Counsel And Dem Member

    President Donald Trump removed National Labor Relations Board general counsel Jennifer Abruzzo and Democratic member Gwynne Wilcox overnight, leaving the agency's panel of adjudicators without a quorum and its prosecutor's office without a top official. 

  • January 27, 2025

    Purdue Nears Ch. 11 Deal, Yellow Corp. Fends Off WARN Suit

    From a looming settlement in the Purdue bankruptcy to a pair of retailers overcoming objections to their Chapter 11 plans, here are some of the biggest bankruptcy news from the past week.

  • January 27, 2025

    Property Co. Wants DC Circ. To Rehear Union Bias Firing Case

    A commercial property management firm asked the D.C. Circuit to reconsider its enforcement of an NLRB order finding the company illegally fired a worker for his union support and not his vaccination status, challenging how the appeals court tied alleged knowledge of union activities to the company's decision.

Expert Analysis

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

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