Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a proposed racial discrimination class action against Uber. Here's a look at that case and other labor and employment matters on deck in California.
A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
Starbucks' hire of star U.S. Supreme Court litigator Lisa Blatt of Williams & Connolly LLP bolsters the coffee giant's defense to unfair labor practice claims as its legal battle with the National Labor Relations Board heats up in the appeals courts, experts say.
Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks you might have missed, including questions over whether the National Labor Relations Board's general counsel is entitled to prosecutorial discretion, the proper standard for determining attorney fees in copyright cases, and how courts should treat the Board of Veterans' Affairs' silence on benefits decisions.
The prosecution rested its case Thursday in the embezzlement trial of former Philadelphia labor leader John Dougherty, with the judge ordering the court to stand in recess until Monday when closing statements are on deck.
The U.S. Department of Labor has asked a Florida federal judge to preserve its attempt to overturn the results of a union officers' election because four candidates were disqualified, saying the port workers' union hasn't proved they were properly excluded from the race.
A California county didn't need to include opt-out health insurance fees in firefighters' overtime calculations because those amounts were not part of their regular rate of pay under federal law, the Ninth Circuit ruled Thursday, affirming a district court's decision.
There's no reason to overturn a jury win for an anti-abortion former Southwest flight attendant who accused the airline of religious bias, or an order requiring Southwest's counsel to attend religious bias training, the ex-worker told the Fifth Circuit.
A civil marine contractor urged a California federal judge not to remand a former worker's proposed wage and hour class action to state court, contending that federal labor law preempts the case since review of a collective bargaining agreement is necessary to resolve the claims.
House Republicans made their case Thursday for passing legislation that would bar unions and employers from negotiating contracts requiring workers to pay dues as a condition of employment, while Democrats dismissed the bill as an effort to undermine unions as they notch wins across the country.
A Native American tribe is delaying its casino employees' unionization process by refusing to select an arbitrator to count signed union cards, which it must do under a 2017 agreement outlining the organizing process, UNITE HERE claimed in a suit filed in California federal court.
A group of Ph.D. student workers at Emory University voted to form a union with Workers United, according to a National Labor Relations Board tally, in the latest show of support for unionization efforts by graduate student workers at private universities.
Unions representing such diverse workers as Las Vegas casino employees and Hollywood writers and actors have recently negotiated labor contracts that aim to control the use of artificial intelligence in the workplace, and experts said the results signal how labor may try to rein in the emerging technology.
Two cruise ship contractors questioned a union pension fund's request for $123,000 in attorney fees and costs in Louisiana federal court after the fund won a $2.8 million debt fight with the companies, calling "excessive" the hours the fund said its attorneys spent on the lawsuit.
A federal magistrate judge Wednesday recommended slashing a request for attorney fees from Iron Workers' benefit funds in a case dealing with an employer's unpaid contributions, saying there are "vague" billing entries from the plaintiffs' counsel as part of a $2.2 million judgment.
A now-defunct Federal Bureau of Prisons contractor that operated halfway houses urged the Sixth Circuit to toss the National Labor Relations Board's finding that it was the parent company of a shuttered Michigan halfway house, saying the facility was more beholden to the government than the company.
Starbucks didn't require a worker in Southern California to listen to an anti-union speech at the end of her performance review, the National Labor Relations Board ruled Tuesday, upholding a board judge's decision.
A National Labor Relations Board official dismissed unfair labor practice charges accusing Tesla of terminating workers at a factory in Buffalo, New York, according to copies of dismissal letters obtained by Law360 on Tuesday, while finding merit to other claims of federal labor law violations.
A worker backed by the National Right to Work Foundation's legal arm is looking to oust a union from a Los Angeles-area Medieval Times whose management has been accused of pressuring workers to withdraw from the union.
Starbucks violated the National Labor Relations Act when it fired two union supporters, told one of them to stop wearing her union T-shirt and removed union flyers from a Portland, Oregon, cafe, a National Labor Relations Board judge ruled.
An attorney who pursued an unsuccessful race bias suit on behalf of a fired UPS worker urged a Florida federal judge to reject a Teamsters local's push to make him shoulder part of its attorney fees, calling the union's sanctions bid part of a "pattern of harassment."
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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.
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.
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.
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.
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.
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.
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.
The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.
Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.
As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.
While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.
Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.
Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.