Labor

  • April 16, 2024

    NLRB Revives Worker's Union Ouster Bid At Bus Co. Plant

    The National Labor Relations Board reinstated a worker's bid to oust the Communications Workers of America at a bus manufacturing facility in Kentucky on Tuesday, finding the employee made a good faith effort to send signatures for a decertification petition via fax.

  • April 16, 2024

    NLRB Official OKs Teamsters Vote At Food Distributor

    A group of delivery drivers at a United Natural Foods Inc. facility in Florida may vote in a representation election with a Teamsters local, a National Labor Relations Board official determined, saying the company couldn't show that an end to the workers' employment was imminent.

  • April 16, 2024

    Starbucks, Union In Talks To Settle Bargaining Fight

    Starbucks and Workers United are in talks to settle a National Labor Relations Board suit accusing the company of refusing to bargain labor contracts, according to a notice released Tuesday.

  • April 16, 2024

    Meet The Atty For An Ex-Union Leader Facing His 3rd Trial

    The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different. 

  • April 16, 2024

    Mortgage Co. Fights NLRB GC's Bid For Broad Remedies

    A mortgage lender told the National Labor Relations Board to reject a request from agency attorneys seeking an expansive make-whole remedy for workers who were affected by illegal work rules, arguing that such relief would flout federal labor law.

  • April 15, 2024

    Coal Exec's Widow Seeks Atty Fees After Toss Of $6.5B Suit

    The widow of a bankrupt coal company's former president requested $525,000 in attorney fees and costs Monday after a D.C. federal judge tossed a suit alleging her husband's estate and another business owed a union pension plan $6.5 billion, saying the plan's trustees can afford to pay.

  • April 15, 2024

    Union, Workers Fight Subpoena Order Over NY Starbucks

    Workers United and former Starbucks employees objected to a federal judge's order to comply with a subpoena of communications about workers' sentiments toward the union at a Long Island, New York, store, arguing the company's information bids run counter to workers' confidentiality and privacy rights.

  • April 15, 2024

    Guard Claims Union Kept Her 'In The Dark' About Fees

    An International Guards Union of America affiliate did not give a U.S. Department of Homeland Security employee an audit report on agency fees and kept her "in the dark about its finances," she told a D.C. federal court, arguing the union violated its duty of fair representation.

  • April 15, 2024

    1st Circ. Reopens Fired Whole Foods Worker's BLM Mask Suit

    The First Circuit reinstated a lawsuit accusing Whole Foods of unlawfully disciplining and then firing an employee who wore a Black Lives Matter mask at work, overturning the Amazon-owned supermarket chain's pretrial win.

  • April 15, 2024

    Justices Won't Review Ex-NYC Union Head's Bribery Rap

    The U.S. Supreme Court on Monday declined to take up the appeal of a former New York City union president who was convicted of taking bribes from now-defunct hedge fund Platinum Partners, rejecting a petition that argued his attorney failed to tell him about the trial judge's conflicts of interest.

  • April 12, 2024

    Hospital Asks DC Circ. To Rethink 'Successor Bar' Ruling

    A Puerto Rico hospital on Friday asked the D.C. Circuit to reconsider a February panel decision that upheld the National Labor Relations Board's finding that the hospital unlawfully withdrew recognition from a union, saying it was too deferential to the board's interpretation of federal labor law.

  • April 12, 2024

    Starbucks Warns Of Open 'Floodgates' With NLRB Deference

    Starbucks told the U.S. Supreme Court on Friday that siding with the National Labor Relations Board's arguments about deference to the agency for federal court injunction requests would "open the floodgates" in other ways for deference to federal agencies.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    US Steel Stockholders Greenlight $14.9B Sale To Nippon

    U.S. Steel said Friday that its shareholders have "overwhelmingly" approved the American steel company's nearly $15 billion takeover by Japan's Nippon Steel, a positive development in a deal that's otherwise received a high degree of political and regulatory scrutiny. 

  • April 12, 2024

    Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • April 12, 2024

    Whole Foods Illegally Sought Group Chats, NLRB Judge Says

    Whole Foods illegally requested group chat messages between a fired employee and co-workers as part of a Title VII case now before the First Circuit, a National Labor Relations Board judge ruled, finding the co-workers have a right to shield communications about their protected activities.

  • April 12, 2024

    Calif. Forecast: Twitter Wants Age Bias Suit Tossed

    In the coming week, attorneys should keep an eye out for the potential dismissal of a proposed age discrimination class and collective action against Twitter Inc. and its successor, X Corp. Here's a look at that case and other labor and employment matters on deck in California.

  • April 12, 2024

    NY Forecast: 2nd Circ. Hears Tech Co. Retaliation Suit

    This week, the Second Circuit will consider a former marketing manager's lawsuit claiming that the head of the technology company where she worked sexually harassed her and that she was fired after she refused his advances. Here, Law360 explores this and other cases on the docket in New York.

  • April 11, 2024

    Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

    A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

  • April 11, 2024

    'Extensive' Anti-Union Bid Merits Bargaining Edict, NLRB Says

    A National Labor Relations Board panel issued a bargaining order against a tank cleaning company that engaged in an "extensive" anti-union campaign, but a dissenting board member said some of the remedies ordered by the majority were "overkill."

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 11, 2024

    Fired Yellow Corp. Workers Can Proceed With Class Action

    A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.

  • April 11, 2024

    Amazon GC's Comp. Dropped In '23 After Prior Stock Awards

    Amazon general counsel and longtime employee David Zapolsky saw his total reported compensation dip significantly — from about $18.2 million in 2022 to $371,600 in 2023 — due to the impact of stock awards, a Thursday securities filing shows.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 10, 2024

    US, Mexico Resolve Labor Complaints At Two Mexico Plants

    Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.

Expert Analysis

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.