Labor

  • August 07, 2024

    NLRB Atty Defends Agency's Constitutionality In Nexstar Case

    Nexstar can't escape National Labor Relations Board litigation alleging it wrongfully demoted a union supporter by citing its Seventh Amendment right to a jury trial, an agency prosecutor argued, saying the U.S. Supreme Court has deemed the amendment inapplicable to NLRB unfair labor practice cases.

  • August 07, 2024

    Thompson Coburn Adds Willkie Benefits Atty

    Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.

  • August 07, 2024

    Starbucks Fights 'Speech-Censoring' NLRB Order At 8th Circ.

    The National Labor Relations Board used a "speech-censoring standard" to find a Los Angeles store manager made unlawful comments to a worker about unionization, Starbucks argued to the Eighth Circuit, saying the agency didn't consider evidence about whether employees felt threatened.

  • August 06, 2024

    From Vets To Labor: The Policies VP Pick Walz Has Backed

    Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.

  • August 06, 2024

    Pilots Union Tells 5th Circ. Southwest Put Animus In Policy

    Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.

  • August 06, 2024

    Starbucks Seeks Limited Discovery After 2nd Circ. Order

    Starbucks asked a federal court for limited discovery again in an injunction case that began at western New York stores after the Second Circuit knocked the district court's previous subpoena order, saying the company will narrow the national scope of its requests if the National Labor Relations Board drops its nationwide remedy bid.

  • August 06, 2024

    In Walz, Harris Picks Veep With Vast Employment Law Record

    Vice President Kamala Harris on Tuesday announced for a running mate in the 2024 election a person with a progressive labor and employment record, one that could signal how a future presidential administration could treat those issues, attorneys said. Here, Law360 explores Walz’s employment law record.

  • August 06, 2024

    Investment Adviser Must Face Union Fund's $30M ERISA Suit

    A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.

  • August 06, 2024

    Yellow Corp., Pensions Spar In $7.8B Withdrawal Liability Row

    A Delaware bankruptcy judge declined to rule Tuesday on competing motions for summary judgment filed by trucking firm Yellow Corp. and Central States Pension Fund in a $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs, saying he needed more time to consider the issue.

  • August 06, 2024

    10th Circ. Says Union Contract Legally Imposed On Okla. Co.

    An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.

  • August 06, 2024

    NLRB GC Memo Defines Nexus Of Labor Law, Student Privacy

    Universities concerned about violating students' privacy rights when reporting information to a union can now look to a National Labor Relations Board memo released Tuesday, which outlines how to comply with both the Family Educational Rights and Privacy Act and the National Labor Relations Act when disclosing students' records.

  • August 06, 2024

    Starbucks Attys Asked Lawful Questions, NLRB Judge Says

    Attorneys for Starbucks lawfully questioned workers during representation election hearings, a National Labor Relations Board judge ruled, concluding that the inquiries were relevant and evidence doesn't back the claim that the questions tried to uncover the identities of union supporters.

  • August 05, 2024

    Bank Asks To Pause NLRB Case On Constitutionality Grounds

    A Missouri bank become the latest company to request an injunction pausing National Labor Relations Board proceedings on constitutional grounds, telling a Missouri federal court that it shouldn't have to face a case heard by agency judges who are unconstitutionally protected from presidential removal.

  • August 05, 2024

    Hospital Can't Block 'Respect Us' On CBA Cover, Union Says

    A Las Vegas hospital can't stop a union from sending out copies of a collective bargaining agreement that included statements like "respect us" on the cover, a Service Employees International Union affiliate argued to a Nevada federal judge, saying the contract doesn't bar this type of speech.

  • August 05, 2024

    SpaceX Asks 5th Circ. To Block Transfer Of NLRB Challenge

    SpaceX asked the Fifth Circuit on Monday to step in after a Texas federal judge ordered its challenge to the constitutionality of the National Labor Relations Board transferred to California, saying the appeals court should either vacate the order or pause it until the court can rule on the company's injunction request.

  • August 05, 2024

    Judge Grants NLRB's Arrest Bid For Construction Co. Owner

    The owner of a Maryland construction company may be arrested for noncompliance with a district court's civil contempt orders regarding subpoenas, a Delaware federal judge ruled, approving the National Labor Relations Board's request for U.S. marshals to take the owner into custody.

  • August 05, 2024

    US Chamber Backs Rail Co. Challenge To Crew Size Rule

    The U.S. Chamber of Commerce is backing railroad companies' argument that the Federal Railroad Administration overstepped by implementing a rule that requires trains to be operated by at least two people, telling the Eleventh Circuit the rule was imposed without adequate justification or consideration of companies' interests.

  • August 02, 2024

    Connecticut City Gets Ex-Cop's Arbitration Win Vacated

    In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.

  • August 02, 2024

    NLRB Damages Violate Constitution, Movie Cos. Tell 10th Circ.

    Two movie production companies for Hallmark films sought reversal of a National Labor Relations Board decision that found them in violation of federal labor law over unlawful terminations of strikers and interrogation, contending that the board awarded compensatory damages in violation of the U.S. Constitution.

  • August 02, 2024

    Recent Injunction Decisions Muddy Labor Board's Future

    Two recent decisions by Texas federal judges to block National Labor Relations Board suits on constitutional grounds will hamper the agency's power to prosecute certain cases in the short term, and could gut the agency in the long term if these once-fringe theories gain traction.

  • August 02, 2024

    Coca-Cola Distributor Illegally Altered Retiree Plan, Local Says

    A Detroit-area Coca-Cola distributor violated its contract with a Teamsters local by altering the health insurance available to retirees — removing a cap on prescription costs, requiring retirees to pay monthly premiums, limiting certain coverage and changing deductibles, the union alleged in a lawsuit in Michigan federal court.

  • August 02, 2024

    Labor Contract Doesn't Impede Concrete Mixer's Wage Claims

    A California federal magistrate judge declined to grant a construction materials company a win on a truck driver's proposed wage and hour class action, saying to the extent the allegations were based on his work as a mobile sweeper driver, they were not superseded by a collective bargaining agreement.

  • August 02, 2024

    UFCW's Disclaimer Ends NY Ouster Bid, NLRB Official Says

    A Walgreens employee's request to have an election to decertify a United Food and Commercial Workers affiliate can't go forward, a National Labor Relations Board regional director concluded, explaining that the union disclaimed interest in representing a bargaining unit at stores in New York.

  • August 02, 2024

    NY Forecast: Judge Hears School's Bid To Trim Bias Suit

    This week, a New York federal judge will consider a New York City preschool's motion to trim an employment discrimination lawsuit brought by a former administrator who claims she was falsely promised a promotion and faced discrimination after an accident.

  • August 02, 2024

    Ogletree Opens 2nd German Office In Munich

    U.S. law firm Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Munich, its second in Germany, in a move to expand its legal services in Europe.

Expert Analysis

  • 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.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

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