Labor

  • January 26, 2022

    Union Says Amazon Mailbox Must Go In Rerun Ala. Election

    The Retail, Wholesale and Department Store Union urged the NLRB to review a regional director's decision to order a rerun representation election among workers at Amazon's Alabama warehouse, saying a fair election requires that Amazon not be permitted to install a mailbox anywhere on its property.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    NLRB Subpoena Bid Based On False Premises, Casinos Say

    Casino chain Red Rock Resorts has never refused to provide documents to National Labor Relations Board officials investigating its response to workers' unionization efforts, the company told a Nevada federal judge, calling an agency demand for the paperwork "falsely premised."

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

  • January 26, 2022

    Unions Can't Strike Over New BNSF Policy, Texas Judge Rules

    A Texas federal judge barred roughly 17,000 union-represented rail workers from striking over a new attendance policy for at least the next two weeks, ruling BNSF Railway presented a convincing argument that the dispute isn't strike-worthy.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Teamsters, Grocer End Suit Over Virus Work Slowdown

    A Giant Eagle subsidiary and a Teamsters local settled litigation over the company's allegations that the union breached its collective bargaining agreement by supporting a pandemic-inspired workplace slowdown, according to a dismissal notice filed in Pennsylvania federal court.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    'Key & Peele' Streaming Royalties Suit Dropped Against WGA

    A former "Key and Peele" showrunner withdrew his proposed class action Tuesday alleging the Writers Guild of America West and Viacom subsidiaries did not pay writers royalties for shows on streaming platforms, following a California federal judge's order denying him class certification in December.

  • January 25, 2022

    Wabtec Seeks To Vacate Loss In Work Assignment Dispute

    Railroad equipment manufacturer Wabtec Corp. sued a United Electrical Radio & Machine Workers of America local Tuesday, asking a Pennsylvania federal judge to vacate an arbitrator's ruling in a dispute over work assignments at the company's Erie, Pennsylvania, plant.

  • January 25, 2022

    4th Circ. Weighs Jurisdiction Over Voluntary NLRB Settlement

    A Fourth Circuit panel struggled Tuesday with whether it has authority to enforce a National Labor Relations Board settlement involving an aluminum manufacturer, examining whether the deal is similar to consent decrees courts routinely consider.

  • January 25, 2022

    AT&T Unit Forced Out Black Worker Over Pay Spat, Suit Says

    A black former saleswoman sued an AT&T division in Tennessee federal court claiming a hostile manager gave her flak and forced her to quit after she returned from medical leave and asked for back pay.

  • January 25, 2022

    Amtrak Seeks To Toss Union Workers' Race Bias Suit

    Amtrak told a D.C. federal judge that a racial discrimination suit from hundreds of union-represented employees and job applicants should be dismissed because the complaint has "glaring pleading deficiencies," and the claims first made in a separate suit more than 20 years ago are time-barred.

  • January 25, 2022

    Starbucks Asks NLRB To Halt Arizona Union Election

    Starbucks Corp. is looking to derail this week's union election at an Arizona store, arguing before the National Labor Relations Board that more workers should be allowed to vote.

  • January 25, 2022

    Union Wants $33M In Severance Upheld After Hotel Closing

    A New York hospitality union urged a federal judge to uphold an arbitrator's award ordering Manhattan's Roosevelt Hotel to pay $33 million in severance to union-represented employees or reopen after its coronavirus-related closure in 2020, saying the award was within the scope of the arbitrator's authority.

  • January 25, 2022

    Benefit Funds Say Union Official's $10M Suit Can't Stand

    A New York construction union's health care and pension funds asked a federal judge to toss a $10 million ERISA lawsuit filed by the president of the local Building & Construction Trades Council, saying they denied his claim for retiree benefits because he's still working.

  • January 25, 2022

    Employment Group Of The Year: Seyfarth

    Employment attorneys at Seyfarth Shaw LLP notched several wins in recent months, including a Ninth Circuit ruling that clarified when a joint employer can force workers into arbitration and a settlement that ended a class action against Jimmy John's that threatened its franchise business model, earning the firm a place as one of Law360's 2021 Practice Groups of the Year.

  • January 25, 2022

    Mass. Labor Atty Suing Uber, Whole Foods Launches AG Bid

    A prominent Massachusetts labor attorney who's served workers-rights complaints on Whole Foods, Starbucks, Uber, Lyft and FedEx announced Tuesday she's running to be the Bay State's next attorney general.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Aerosol Maker Illegally Surveilled Union Activists, Judge Says

    An aerosol manufacturer violated federal labor law by surveilling employees engaged in union activities and saying the union prevented employees from receiving holiday bonuses, a National Labor Relations Board judge ruled Monday, saying the company's actions show its goal was to undermine union support.

  • January 24, 2022

    Labor Seeks Legal, Strategy Changes After Union Rate Drop

    New U.S. Department of Labor data showed a slight decline in unionization in the United States last year despite widespread predictions of favorable conditions for unions, leading organized labor advocates to call for changes to law and strategy to reverse a long-running trend.

  • January 24, 2022

    GM Wasn't Late With Kickback Claim Against Ex-UAW Exec

    A New Jersey federal judge on Monday said General Motors LLC was not too late in bringing a breach of fiduciary duty claim against former United Auto Workers Vice President Joseph Ashton over a purported kickback scheme, finding that the company learned about the claim later than he has argued.

  • January 24, 2022

    Trump NLRB's Unit Scope Test Flouts Precedent, Foes Say

    Unions and the National Labor Relations Board's prosecutor cited a pile of circuit court rulings blessing the Obama-era NLRB's worker-friendly approach to disputes over who belongs in unions in briefs urging the board to ditch the more business-friendly test set in 2017.

  • January 24, 2022

    Rough Sailing Ahead For 'Titanic' Actress' SAG-AFTRA Suit

    A California federal judge said Monday she is likely to dismiss some or all of a proposed class action brought by a "Titanic" actress against SAG-AFTRA, but indicated the plaintiff will likely be allowed to amend the complaint and try again with allegations union members were misled before agreeing to contracts that slashed retiree benefits. 

Expert Analysis

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

  • Understanding Labor Law Issues In Starbucks Union Win

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    Anne Lofaso at the West Virginia University College of Law lays out how labor law applies to Starbucks workers’ recent vote to unionize at a single store in Buffalo, New York, particularly with regard to determinations of appropriate bargaining units and communities of interest, and she predicts what this could mean for National Labor Relations Board standards and the future of organizing.

  • Employer Lessons On NLRB Elections After Amazon Vote

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    The ongoing labor saga at an Alabama Amazon distribution center — involving a failed vote to unionize this spring, subsequent claims of company misconduct and the National Labor Relations Board’s recent order of a second election — contains important employer takeaways on mail-in ballots, employee turnout and other key aspects of workplace elections, says Thomas Lenz at Atkinson Andelson.

  • Employer Takeaways From NLRB Top Cop Immigration Memo

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    After the National Labor Relations Board general counsel’s recent memo reiterating that the organizing rights of immigrant workers are protected under federal law, employers can expect vigorous enforcement of this policy in all aspects of the agency's investigation, litigation, enforcement and remedial activities, say Steven Swirsky and Erin Schaefer at Epstein Becker.

  • DC Circ. Ruling Shows Slow-Rolled NLRB Compliance Is Risky

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    The D.C. Circuit recently held MasTec Advanced Technologies in contempt of court for failing to comply with an order from the National Labor Relations Board, serving as a reminder to employers that a slow response to or ignorance of board and court orders may come with stiff sanctions, say attorneys at Hunton.

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.