Labor

  • February 13, 2025

    Fed. Unions' New Suit Fights Layoffs, Resignation Incentive

    A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.

  • February 13, 2025

    6th Circ. Affirms Toss Of Builders' Challenge To NLRB Memo

    The Sixth Circuit rejected a trade association's constitutional challenge to a memo by the National Labor Relations Board's former general counsel saying she believed that employers violate labor laws when they hold mandatory  meetings discouraging unionization, ruling Thursday that the association lacked standing.

  • February 13, 2025

    Labor Board's Power Facing Questions Without Quorum

    The lack of a quorum on the National Labor Relations Board following member Gwynne Wilcox's removal last month has cast a specter on the agency as parties challenge its power to conduct union elections and the legitimacy of its actions even if the president taps new appointees.

  • February 13, 2025

    Judge Extends Restraining Order On USAID Gutting

    A D.C. federal judge extended his temporary restraining order barring USAID from placing thousands of employees on administrative leave for another week on Thursday, saying he needed more time to rule on the plaintiff employees unions' preliminary injunction request to stop the agency's overhaul while the case proceeds.

  • February 13, 2025

    Ore. Cannabis Labor Pact Law Is Unconstitutional, Cos. Say

    An Oregon state law requiring businesses to have labor peace agreements with unions in order to obtain a license is preempted by federal labor law and violates the 14th Amendment, two cannabis companies argued as they urged a federal court to block enforcement of the law.

  • February 13, 2025

    Amazon Ordered To Restore Unpaid Time Off For Strikers

    Amazon's nationwide unpaid time off policy does not violate federal labor law on its face, a National Labor Relations Board judge concluded, but the company illegally applied the policy by not restoring unpaid time off that was deducted when workers were striking.

  • February 13, 2025

    House Republican Debuts Independent Contractor Status Test

    A U.S. House Republican who has vocally opposed Democratic-backed analyses for determining whether a worker is an independent contractor or employee announced two bills related to the issue Thursday, proposing a new worker classification standard in one of the measures.

  • February 13, 2025

    Acting NLRB GC Taps LA Regional Attorney As Deputy

    The National Labor Relations Board's acting general counsel said Thursday that he had chosen a 27-year agency veteran from the Los Angeles office he used to lead to serve as his deputy.

  • February 13, 2025

    Congress' Dems Call For Fired NLRB Member's Reinstatement

    President Donald Trump should immediately reinstate the Democratic member of the National Labor Relations Board he fired in January, House and Senate Democrats told the White House on Thursday, saying that leaving the board without a quorum "encourages bad employers to violate the law and trample on workers' rights."

  • February 13, 2025

    6th Circ. Won't Revive Ex-Professor's Promotion Bias Suit

    The Sixth Circuit stood by a lower court's ruling against a Black former English professor at Delta College in her promotion bias suit, ruling that she failed to provide meaningful evidence that she was passed over for a promotion because of her race and her pro-unionization sentiments.

  • February 12, 2025

    Trump's Federal Worker Resignation Offer Gets Green Light

    A Massachusetts federal judge on Wednesday lifted an order temporarily blocking President Donald Trump's federal worker "deferred resignation" offer and allowed it to proceed, ruling that unions representing hundreds of thousands of federal workers don't have standing to challenge the directive.

  • February 12, 2025

    Unions Beef Up Suit To Keep DOGE Out Of Federal Agencies

    Unions and nonprofits seeking to stop Elon Musk's Department of Government Efficiency from accessing the U.S. Department of Labor's data have enhanced their injunction request, looking also to shield the Consumer Financial Protection Bureau's and Department of Health and Human Services' data and prove they have standing to sue.

  • February 12, 2025

    DOJ Removes For-Cause Protection For FTC, Other Agencies

    The U.S. Department of Justice has determined that for-cause removals for members of the Federal Trade Commission, National Labor Relations Board and Consumer Product Safety Commission are unconstitutional, acting Solicitor General Sarah Harris informed Sen. Dick Durbin, D-Ill., ranking Democrat of the Senate Judiciary Committee, in a letter Wednesday.

  • February 12, 2025

    Calif. Captive Meeting Law Can't Be Enforced, Nonprofit Says

    A California law prohibiting so-called captive audience meetings infringes on an employer's First Amendment right to freely talk with workers about religious or political issues, a nonprofit focused on state policy argued in federal court, calling for a halt to the statute's enforcement.

  • February 12, 2025

    Unions Stepping Up To Parry Attacks On Fed Workers

    Federal-sector unions have positioned themselves as a check on the president's efforts to reshape Washington amid a series of moves by the Trump administration to shrink the federal workforce, restrict federal workers' collectively bargained rights and ease their removal.

  • February 12, 2025

    GAO Says Navy Mistake Can't Sink $82M Construction Deal

    The U.S. Government Accountability Office has denied a protest over an $82.2 million U.S. Navy construction order, saying the Navy's failure to comply with solicitation requirements when assessing the awardee's project labor agreement did not harm the protester.

  • February 12, 2025

    OPM Violated Employees' Privacy Rights, Unions Say

    The U.S. Office of Personnel Management violated federal privacy laws when it gave Elon Musk's recently established Department of Government Efficiency access to its employment records, unions representing federal employees and administrative law judges said in a lawsuit filed in New York federal court.

  • February 12, 2025

    Ohio Justices Lean Toward Union On Termination Arbitration

    The Ohio Supreme Court on Wednesday seemed skeptical of a city's argument that it can't be forced into arbitration with a worker's union over his termination, with one justice implying during oral arguments the court may need to clarify the State Employment Relations Board's authority in such matters.

  • February 12, 2025

    Ousted MSPB Chairman Fights 'Unlawful' Firing By Trump

    Former Merit Systems Protection Board Chairman Cathy Harris accused President Donald Trump in D.C. federal court of illegally removing her from her post at the agency tasked with handling appeals from federal workers, joining other federal officials suing the White House to fight their firings.

  • February 12, 2025

    Waste Drivers Can Vote On Joining Mechanics' Teamsters Unit

    Drivers at a California waste disposal facility will get to vote on whether to join their mechanic co-workers in a Teamsters bargaining unit, after a National Labor Relations Board official scheduled a union representation election.

  • February 11, 2025

    Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk

    President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.

  • February 11, 2025

    Proskauer Labor Partner Heads To Skadden In NYC

    Skadden Arps Slate Meagher & Flom LLP announced Tuesday that it has hired a labor and employment partner for its New York office who spent a decade at Proskauer Rose LLP, where he recently helped a slew of major universities navigate the process of their graduate student workers unionizing.

  • February 11, 2025

    DC Judge Speeds Up Schedule For NLRB Member Firing Suit

    A D.C. federal judge set a briefing schedule and a potential hearing as part of former National Labor Relations Board member Gwynne Wilcox's challenge to her firing by President Donald Trump, in which Wilcox is seeking expedited summary judgment as the NLRB lacks a quorum to decide cases.

  • February 11, 2025

    Company Seeks To Nix Arbitration Award Over Work Limit

    The flexibility provision of a union contract governing work at an Ohio factory allowed managers to require workers to operate multiple pieces of equipment at once, an aerospace components manufacturer, seeking to overturn an arbitration award limiting workers to one piece of equipment, told an Ohio federal judge.

  • February 11, 2025

    Trump Trims Federal Labor Panels In Latest Firings

    President Donald Trump fired the chair of the agency that referees federal-sector labor relations and a member of the panel that hears federal workers' challenges to firings and demotions in his latest purge of Democratic labor agency officials.

Expert Analysis

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

    Author Photo

    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

    Author Photo

    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

    Author Photo

    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

    Author Photo

    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

    Author Photo

    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

    Author Photo

    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

    Author Photo

    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

    Author Photo

    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

    Author Photo

    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

    Author Photo

    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

    Author Photo

    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.