Prosecutors asked a Pennsylvania federal judge on Monday to declare that convicted embezzler and ex-Philadelphia union leader John Dougherty waived his attorney-client privilege by "attacking" his former Ballard Spahr LLP counsel's representation.
A Washington state Starbucks went after a star employee after he pushed for better working conditions at his store and supported unionization, a National Labor Relations Board judge found, ruling the store unlawfully refused to promote him, threatened to discipline him and ultimately fired him.
A California federal judge has thrown out Trader Joe's trademark infringement suit against a union of its employees after finding that the complaint was clearly related to an already existing labor dispute between the popular grocery chain and its unionizing workers.
The U.S. Supreme Court said Tuesday that it would not consider Alaska's challenge to a state court ruling that blocked the state from changing its process for deducting union dues from public employees' paychecks.
The National Labor Relations Board's Tampa, Florida, office has updated a blockbuster nationwide failure-to-bargain complaint against Starbucks to include new stores, bringing the number of cafes accused of snubbing Workers United in one form or another in the case to 374, according to the agency.
A regional director of the National Labor Relations Board called on a Michigan federal judge Friday to order the immediate rehiring of two fired Starbucks workers, arguing there was cause to believe that the firings were retaliatory and would chill workers' willingness to organize.
A new suit by SpaceX challenging the National Labor Relations Board's constitutionality could crush the agency by supercharging its political swings or knocking down its foundations, depending on how the courts heed its novel — but no longer radical — legal theories.
A New York nursing home violated federal labor law by unilaterally restricting union agents' access to its property and firing a worker three hours after he was elected a steward, a National Labor Relations Board judge found.
A bipartisan group of lawmakers in the U.S. House of Representatives on Friday voted in favor of striking down a National Labor Relations Board rule that would make it more difficult for linked companies to beat claims they jointly employ the same workers.
The U.S. Department of Labor's recently finalized rule toughening the test for determining whether someone qualifies as an independent contractor or an employee under federal wage and hour law may make businesses rethink deeming workers contractors. Here are four benefits concerns that employers who opt for reclassification should be aware of.
In the coming week, attorneys should keep an eye out for potential settlement approval in two related proposed class actions against DoorDash alleging independent contractor misclassification. Here's a look at those cases and other labor and employment matters on deck in California.
The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes.
A Michigan mortgage lender's bans on workers publicly criticizing the company or responding to media inquiries about company affairs violates their right to speak out about working conditions, a National Labor Relations Board judge ruled, ordering the company to remove the bans from its employment agreement.
The Third Circuit on Friday refused to revive lawsuits by workers who sued American Federation of State, County, Municipal Employees and Service Employees International Union locals over union dues collected post-employment, saying the U.S. Supreme Court's Janus decision barring the practice didn't apply to employees who voluntarily joined unions.
Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.
In the coming week, the Second Circuit will hear the National Labor Relations Board's argument for overturning a trial judge's decision denying its request for an injunction against Starbucks over its response to a nationwide union organizing campaign. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.
A divided D.C. Circuit panel on Friday supported the National Labor Relations Board's conclusion that T-Mobile illegally established a company union, with the majority finding the board properly clarified that workers are dealing with their employer when individual employees act in a "representative capacity" as they share ideas with management.
A Los Angeles hotel has asked the Ninth Circuit to pause its order enforcing a National Labor Relations Board decision forcing it to rehire union workers following a major renovation, saying the U.S. Supreme Court must first resolve a circuit split on the issue of "anti-union animus."
The National Labor Relations Board sought Thursday to transfer SpaceX's bombshell suit challenging its constitutionality from Texas to California, saying the case has "virtually no nexus" to the court where it was filed and accusing the spacecraft maker of forum shopping.
The National Labor Relations Board on Thursday backed an agency judge's dismissal of a worker's claim that a Laborers' local had an unlawful arrangement with employers for a project at the Las Vegas Raiders stadium, denying the union's request that the regional office that filed the complaint issue an apology.
President Joe Biden said Thursday he plans to nominate an attorney with decades of experience serving the federal government and a federal employees union to a seat on the Federal Labor Relations Authority, putting the agency on track to return to a full complement of members after a yearlong vacancy.
A bipartisan group of senators is probing allegations that Amazon mistreats its delivery drivers, an endeavor the company blasted for being "misinformed and inaccurate."
A New York federal judge has handed an early win to a labor union sued by a member, while also raising concerns that the member, a banquet server also pursuing Labor Management Relations Act claims against Marriott, is receiving legal help despite filing pro se following the death of his attorney.
An Ohio federal magistrate judge has recommended that a Toledo demolition company incur a $100 fine for each day it continues ignoring discovery and deposition requests in a payment dispute with union benefit fund trustees, saying the company violated a court order compelling a response to those requests.
As a resurgent labor movement prompts employers to consider how to respond to unionization efforts, the first collective bargaining agreement between the National Women's Soccer League and the union representing its players provides important insights, says Chris Deubert at Constangy Brooks.
It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.
A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.
As the increasingly activist, pro-union National Labor Relations Board is poised to revive an Obama-era standard allowing small groups of employees to form bargaining units, employers must adopt proactive strategies to avoid a workplace fractured by micro-units, says James Redeker at Duane Morris.
National Labor Relations Board General Counsel Jennifer Abruzzo recently urged the board to restrict captive-audience meetings that allow employers to attempt to dissuade employees from unionizing, so employers may want to prepare for that potential enforcement shift and proactively revisit their meeting and communication practices and policies, say attorneys at Nixon Peabody.
As more states legalize cannabis cultivation, manufacture and use — which remains illegal federally — there may be a wave of new workers in the industry, and businesses will need to consider what law will govern the employer-employee relationship and what role unions will play, say Gabriel Jiran and Sarah Westby at Shipman & Goodwin.
A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.
The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission are prioritizing antitrust enforcement in the labor markets with a multipronged enforcement approach, so companies should take three steps to evaluate and mitigate risk from both government enforcement and private litigation, say attorneys at Paul Hastings.
With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.
A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.
The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.
As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.
A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.