Labor

  • June 04, 2024

    Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say

    A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."

  • June 04, 2024

    Ogletree Opens 7th California Office In Fresno

    Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.

  • June 04, 2024

    Former Security Co. Worker Sued Union Too Late, Judge Says

    A discharged employee of a Texas security guard firm missed the deadline to sue his union for failing to fight hard enough for his reinstatement, an Arizona federal judge ruled, tossing the suit but giving him another shot to prove he sued on time.

  • June 03, 2024

    5th Circ. Mulls Acts Vs. Belief In Anti-Abortion Worker's Firing

    The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.

  • June 03, 2024

    Workers At Wash. Mushroom Producer OK'd For Union Vote

    A National Labor Relations Board official cleared all full-time and regular part-time employees of an Olympia, Washington, mushroom producer's three facilities to vote on representation by a Laborers local, rejecting the company's challenge to the unit size Monday.

  • June 03, 2024

    5th Circ. Ruling Won't Sink NLRB Remedies Expansion

    The Fifth Circuit's rebuke of the National Labor Relations Board in an appeal involving software company Thryv Inc. will not affect the board's use of the new remedies it announced in the case, experts said, though it could signal trouble if a future challenge to the remedies comes to the appeals court.

  • June 03, 2024

    2nd Circ. Order Can't Stop Other Subpoenas, Starbucks Says

    A recent Second Circuit order concerning a discovery order for Starbucks and Workers United doesn't apply to a subpoena dispute with the union before an Illinois federal judge, Starbucks argued, saying the appeals court's opinion dealt with "very different subpoena instructions and requests."

  • June 03, 2024

    4 Mass. Rulings You Might Have Missed In May

    Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.

  • June 03, 2024

    Minn. Biz Groups Fight Ban On Required Anti-Union Meetings

    A Minnesota company and two business groups are challenging the state's nearly year-old ban on so-called captive audience meetings, saying Minnesota can't exempt workers from sitting through mandatory meetings about their employers' views on unionization without violating the U.S. Constitution.

  • June 03, 2024

    Starbucks' 'Middleman' Remark Illegal, NLRB Judge Says

    Starbucks violated federal labor law at a California cafe when a store manager told a worker she could lose benefits and compared the union to a "middleman," a National Labor Relations Board judge ruled, finding the manager's statements weren't protected speech.

  • June 03, 2024

    NLRB Says Electrical Contractor Must Honor Union Contract

    An electrical contractor in western New York violated the National Labor Relations Act when it refused to properly pay its union electricians or contribute to union-run fringe benefit funds, the National Labor Relations Board ruled, granting a board prosecutor's motion for default judgment.

  • June 03, 2024

    Labaton Keller Opens 1st Office Outside US In London

    Labaton Keller Sucharow LLP said Monday it has opened its first office outside the U.S. in London, as the firm looks to expand its services to the U.K. and the rest of Europe.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    US, Mexico Reach Truce On Steel Factory Labor Violations

    A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.

  • May 31, 2024

    Starbucks, Workers United Secure Tentative Accords In Talks

    Starbucks and Workers United said Friday that collective bargaining talks have resulted in tentative agreements related to just cause, union representation and transparency between the parties, marking another step toward a first labor contract for the coffee chain and union.

  • May 31, 2024

    Texas Justices Won't Review Boeing, Union Back Pay Suit

    The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages from Boeing after the Federal Aviation Administration grounded its 737 Max plane in 2019. 

  • May 31, 2024

    DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal

    An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she issued in the case play out before she resumes adjudicating.

  • May 31, 2024

    CWA, Microsoft Reach Neutrality Deal Over ZeniMax Workers

    The Communications Workers of America and Microsoft notched a neutrality pact that applies to all ZeniMax workers, according to an announcement from the union, with the company agreeing not to interfere if employees want to unionize. 

  • May 31, 2024

    4 Argument Sessions In June Bias Lawyers Should Know

    A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Split NH High Court Says Cops Must Pay Back Sick Leave

    An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pending, a split New Hampshire Supreme Court ruled.

  • May 31, 2024

    NLRB Official OKs Doughnut Chain's Challenge To Union Vote

    A National Labor Relations Board official has upheld a Portland, Oregon, doughnut shop chain's challenges to two votes that swung a representation election in a union's favor, saying the workers were not on payroll at the time they cast their ballots.

  • May 31, 2024

    DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

    The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

  • May 31, 2024

    Transit Co. Wrong To Snub Union In Dallas, NLRB Judge Says

    A company that took over providing certain public transit services in the Dallas area unlawfully refused to work with a union that represented the majority of its drivers, a National Labor Relations Board judge ruled, deeming the company a successor to the workers' previous employer.

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

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