Labor

  • March 24, 2025

    Acting NLRB GC Drops More Precedent Shift Exceptions

    National Labor Relations Board attorneys, citing the arrival of acting general counsel William Cowen, are abandoning exceptions seeking precedent shifts brought under the leadership of former general counsel Jennifer Abruzzo, pulling arguments in cases involving Starbucks and a sprinkler installer. 

  • March 24, 2025

    Judge OKs NIL Recruiting Rules Deal​​​​​​​ Between States, NCAA

    A Tennessee federal judge has signed off on a settlement that resolves antitrust litigation over the NCAA's practice of banning the use of possible name, image and likeness compensation when recruiting athletes.

  • March 24, 2025

    7th Circ. Backs Denial Of Atty Fees In Union Trusteeship Case

    An Illinois federal judge did not abuse his discretion by failing to award attorney fees to a broadcasters union local after its fight with the national union over a trusteeship, a Seventh Circuit panel ruled Monday, holding that the judge substantiated his decision.

  • March 24, 2025

    Schools, Unions Sue To Block Education Dept. Shutdown

    Two Massachusetts school districts and a coalition of public employee unions sued in federal court Monday, seeking to block the Trump administration from "dismantling" the U.S. Department of Education.

  • March 24, 2025

    Trump Asks High Court To Halt Fed. Workers' Reinstatement

    The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.

  • March 24, 2025

    High Court Won't Weigh In On NLRB's Partial Closure Order

    The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision that found a bulk food delivery contractor illegally closed a terminal in Kentucky after a union organizing drive, leaving in place the National Labor Relations Board's decision against the company.

  • March 21, 2025

    4th Circ. Won't Pause Order To Reinstate Federal Workers

    The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.

  • March 21, 2025

    Voice Of America Staff, Unions Challenge Agency's Shuttering

    Journalists and staff with Voice of America on Friday accused their parent agency, the U.S. Agency for Global Media, of illegally firing virtually everyone with the government-funded media outlet, a move they said was because the Trump administration perceives their work to be "inconsistent" with the president's "political agenda."

  • March 21, 2025

    Members Hit Pa. Teacher Union With Suit Over Data Breach

    A Pennsylvania teachers union was negligent and breached its fiduciary duty in connection with a data breach that potentially exposed Social Security numbers and other personal information, a member alleged in a proposed class action, saying more than 500,000 people were impacted.

  • March 21, 2025

    2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight

    The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.

  • March 21, 2025

    Groups Can Probe Treasury's Cooperation With DOGE

    A Washington, D.C., federal judge let two unions and a retirees group look into any steps the U.S. Secretary of the Treasury took to give the Department of Government Efficiency access to Treasury's computer systems, saying she needs the information to evaluate the action's lawfulness.

  • March 21, 2025

    MGM Says Atty Fees Shouldn't Be Triple Mich. Worker's Award

    MGM Grand Casino said attorneys for a fired employee cannot recoup more than three times the $133,000 a Michigan federal jury awarded him earlier this year in his lawsuit alleging he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.

  • March 21, 2025

    NLRB Seeks End To Fan Co.'s Fight Over Removal Protections

    A fan maker hasn't proved that removal protections for National Labor Relations Board judges and members resulted in harm to the company, the board argued in Missouri federal court, urging the judge to dismiss an amended suit aimed at stopping an unfair labor practice hearing in April.

  • March 21, 2025

    NY Forecast: NFL Arbitration Bid In Race Bias Suit At 2nd Circ.

    This week, the Second Circuit will hear the National Football League's appeal of a lower court decision partially denying its bid to send former Miami Dolphins head coach Brian Flores' racial bias suit to arbitration.

  • March 21, 2025

    Calif. Forecast: Car Dealership Challenges NLRB Structure

    In the coming week, attorneys should keep an eye out for a ruling on a car dealership's attempt to halt National Labor Relations Board proceedings based on an argument that the board's structure is unconstitutional. Here's a look at that case and other labor and employment matters coming up in California.

  • March 21, 2025

    Teamsters Unit Wants Out Of Black UPS Worker's Bias Suit

    A Black UPS employee's claims against a Teamsters unit should be tossed, the union told a Mississippi federal court, saying that he cannot show the union treated him unfairly and that it cannot be held responsible for interfering with his medical leave rights.

  • March 20, 2025

    Judge Bars DOGE 'Fishing Expedition' Of Social Security Data

    Elon Musk's Department of Government Efficiency cannot have access to sensitive Social Security Administration systems, a Maryland federal judge ruled Thursday, saying the entity's search for fraud is a "fishing expedition" that could put the personal data of millions of Americans at risk.

  • March 20, 2025

    Starbucks Acted Illegally At Texas Cafes, NLRB Judge Says

    Starbucks violated federal labor law by discharging union supporters, threatening a loss of tuition benefits and refusing to negotiate about safety issues, a National Labor Relations Board judge ruled Thursday, finding the coffee giant committed several unfair labor practices to curb organizing at Texas cafes.

  • March 20, 2025

    Revived Suit Could Spur NLRB Joint Employer Rule Change

    The resumption of a union's dormant challenge to the National Labor Relations Board's 2020 joint employer rule could be a quick path to change the agency's approach to the issue, but uncertainty surrounding the board and court deference to federal agencies makes the result unclear.

  • March 20, 2025

    Ga. Eateries Say Wilcox Rehire Bolsters NLRB Injunction Bid

    A Savannah, Georgia, restaurant group argued Thursday that National Labor Relations Board member Gwynne Wilcox's reinstatement strengthens its U.S. Constitution-based bid for an injunction blocking an NLRB unfair labor practice case against it, citing a 2021 U.S. Supreme Court ruling.

  • March 20, 2025

    Worker Didn't Show Harm From NLRB Structure, Judge Says

    A truck driver hasn't proved he experienced harm from removal protections for National Labor Relations Board members, a D.C. federal judge ruled, tossing the worker's constitutional challenge to the agency's structure in connection with an unfair labor practice case against a Teamsters local.

  • March 20, 2025

    DOL Must Face Part Of Trade Groups' Prevailing Wage Suit

    The U.S. Department of Labor cannot fully escape a lawsuit from two trade associations challenging the agency's final rule updating prevailing wage rates for federal construction projects, with a Texas federal judge finding the groups showed that their members could be harmed by the changes.

  • March 20, 2025

    CFPB Union Narrows Injunction Bid In Shutdown Suit

    The Consumer Financial Protection Bureau would be barred from idling its workforce under a narrowed injunction bid filed Wednesday in Washington, D.C., federal court, where the agency's employee union is squaring off with the Trump administration.

  • March 20, 2025

    Biz Groups Fight NLRB's Captive Audience Order At 11th Circ.

    The U.S. Chamber of Commerce along with other business groups told the Eleventh Circuit that the National Labor Relations Board's order deeming so-called captive audience meetings unlawful flouts the First Amendment, arguing the board's decision targets an employer's speech about unions.

  • March 20, 2025

    3rd Circ. Backs NLRB Order For New Union Vote At Waste Co.

    A New Jersey waste management company must hold a new union representation election after it tainted the first vote by creating the impression that workers wouldn't get a raise if they unionized, the Third Circuit has ruled, upholding a National Labor Relations Board decision.

Expert Analysis

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • 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.