Labor

  • May 23, 2024

    NLRB's BLM Ruling Violates Free Speech, Home Depot Says

    Home Depot called on the Eighth Circuit to throw out a National Labor Relations Board decision finding the company illegally told a worker not to display a Black Lives Matter slogan on their apron, arguing that the board's stance violates the company's First Amendment rights.

  • May 23, 2024

    Airline Fuel Co. Asks Judge To Block Strike At JFK Airport

    A company that fuels airplanes at John F. Kennedy International Airport sued its workers' union in New York federal court Thursday, seeking a temporary restraining order blocking the union from carrying out its stated intention to go on strike Friday.

  • May 23, 2024

    Diminished NLRB 'Drowning' In Cases, Litigation, Chair Says

    The National Labor Relations Board is "drowning" as a rise in cases and increased "litigiousness" of parties tax the agency's decimated workforce, Chairman Lauren McFerran said Thursday at New York University School of Law's annual labor conference.

  • May 23, 2024

    Mercedes Loss Shows Challenge Of UAW's Southern Auto Bid

    The United Auto Workers' loss in a union representation election at two Alabama Mercedes-Benz plants could slow the pace of the union's campaign to organize non-union automakers in the South and illustrates the challenges inherent to such a project, experts said.

  • May 23, 2024

    Union Fund Trustees Fight DOL Mismanagement Suit

    Two trustees of an embattled union life insurance fund have asked an Illinois federal judge to toss the U.S. Department of Labor's claims that they let a fellow trustee siphon about $2.6 million and amended the fund's rules to shield themselves from liability.

  • May 23, 2024

    Amazon Illegally Surveilled Workers With Algorithm, Org. Says

    A workers advocacy group in Missouri accused Amazon of violating federal labor law by using "intrusive algorithms" to watch employees' organizing activities, according to an unfair labor practice charge obtained by Law360 on Thursday, advancing a legal theory from the National Labor Relations Board's top prosecutor.

  • May 23, 2024

    Biden Renominates NLRB Chair, Taps Republican For Vacancy

    President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

  • May 23, 2024

    Alaska Airlines, Union Beat Fired Workers' Religious Bias Suit

    A Washington federal judge tossed a suit from two Christian flight attendants who said they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights, ruling there's no proof unlawful bias cost them their jobs.

  • May 23, 2024

    NLRB Official OKs Union Vote At Colo. Movie Theater

    Workers at a dine-in movie theater near Denver can have an election to decide whether they want the Communications Workers of America to represent them, a National Labor Relations Board regional director determined, nixing the company's bid to expand the bargaining unit to other facilities.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Carpenter Sues Union Healthcare Plan After Losing Coverage

    A union healthcare plan violated the Employee Retirement Income Security Act when it stopped working with a Bay Area insulation company whose union contract expired, a new proposed class action filed in California federal court alleges.

  • May 22, 2024

    House Labor Dems Weary Of Majority's Anti-Union Probes

    Democrats on a U.S. House of Representatives labor subcommittee called their Republican counterparts out for maintaining a busy calendar of anti-union hearings Wednesday during the committee's fifth such inquest in this session of Congress.

  • May 22, 2024

    Steel Co. Tells Mich. Court Not To Order Worker's Rehire

    A Michigan federal judge can't enforce an arbitration award requiring the rehire of a fired worker, a steel manufacturer argued Wednesday, claiming the arbitration panel went beyond the parties' collective bargaining agreement in ordering reinstatement.

  • May 22, 2024

    NLRB Official OKs Union Vote At Philadelphia Coffee Shops

    Workers at three Philadelphia coffee shops can vote on representation by a Service Employees International Union affiliate, a National Labor Relations Board official has ruled, shooting down the employer's argument that workers at two of the stores have different working conditions from those at the third location.

  • May 22, 2024

    NLRB Sets Up Eligibility Test For Northeastern Police Union

    Northeastern University in Boston violated federal labor law by refusing to bargain with a union representing campus police sergeants and detectives, the National Labor Relations Board concluded, potentially teeing up a challenge from the university to test the union's certification.

  • May 21, 2024

    2nd Circ. Partially Backs Win For Nurses' Union Pension Plan

    In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.

  • May 21, 2024

    Mich. Starbucks Firings Get Mixed Outcome From NLRB ALJ

    Starbucks did not violate federal labor law at a Michigan store by firing a union backer who cursed at his boss in front of customers, but crossed the line by canning another worker who used more measured language, a National Labor Relations Board judge said Tuesday.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    NLRB Nixes Enforcement Bid Against Starbucks At 9th Circ.

    The National Labor Relations Board called for the dismissal of its enforcement bid against Starbucks in the Ninth Circuit over a decision finding the company illegally threatened workers in Hawaii, saying the coffee chain has expressed an intent to follow the board's decision.

  • May 21, 2024

    TV Workers Get OK For Union Vote Despite Co.'s Objections

    A National Labor Relations Board official has cleared 22 employees of a Sacramento, California, broadcast news company to vote on representation by a Communications Workers of America-affiliated union next week, rejecting the company's bid for a smaller voting pool.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    With Ex-Faegre Partner, Norton Rose Adds To ERISA Expertise

    Norton Rose Fulbright has boosted its Washington, D.C., office with an ERISA litigator and experienced labor lawyer who most recently was with Faegre Drinker Biddle & Reath LLP.

  • May 20, 2024

    Justices Turn Away Hospital Construction Feud

    The U.S. Supreme Court on Monday rejected a case that centers on a $180 million project to expand a Mississippi children's hospital, once again declining to resolve whether parties that agree to certain arbitral rules have also agreed to delegate jurisdictional questions to the arbitrator.

  • May 20, 2024

    Alibaba Resists Class Cert. Over Failed Ant Group IPO

    Chinese e-commerce company Alibaba has again urged a New York federal judge not to certify a class of investors who claim they weren't warned about regulatory risks Alibaba faced in the lead-up to a $34 billion initial public offering of its fintech affiliate, saying the suit's challenged misstatements did not affect Alibaba's stock price.

Expert Analysis

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

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