Labor

  • March 25, 2025

    6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

    A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.

  • March 25, 2025

    Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

    A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.

  • March 25, 2025

    No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

    The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.

  • March 25, 2025

    Mich. Residents, Some Claims Cut From Frozen Benefits Case

    A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.

  • March 25, 2025

    Unions Say Trump Administration Illegally Targeted Columbia

    The federal government should restore the nearly $400 million it revoked from Columbia University earlier this month, two unions told a New York federal court Tuesday, also seeking a declaration that threats to pull additional funding if the university doesn't meet certain demands violate the U.S. Constitution.

  • March 25, 2025

    NLRB Official Nixes Union's Bid To Amend Certification

    An Amalgamated Transit Union affiliate can't amend certification for a group of workers at a Maryland transportation company, a National Labor Relations Board official concluded, finding the issues raised in the case should be handled in a different proceeding.

  • March 25, 2025

    Hartford HealthCare Fights Disclosure Of Antitrust Settlement

    Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.

  • March 25, 2025

    Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

    The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.

  • 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 24, 2025

    Justices Turn Away 2 NLRB Loper Bright Review Cases

    The U.S. Supreme Court won't disturb rulings by the Ninth and Sixth circuits that upheld losses for a pair of employers before the National Labor Relations Board, rejecting two petitions for review Monday that invoked last year's Loper Bright decision.

  • 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

    Withdrawn Theories Show NLRB Attys' Shifting Positions

    National Labor Relations Board prosecutors' recent abandonment of ousted general counsel Jennifer Abruzzo's theories in several cases is the latest phase in a continued retreat from her aggressive approach to labor litigation, experts say.

  • 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.

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.