Labor

  • July 16, 2024

    NLRB Official Clears NJ Fast-Food Workers To Vote On Union

    Workers at a Jollibee fast-food restaurant in Jersey City, New Jersey, can vote on representation by an independent union, a National Labor Relations Board official found, saying Jollibee Workers United qualifies as a labor organization under federal labor law.

  • July 16, 2024

    NLRB Will Review Supervisor Union Vote At SoCal Co.

    The National Labor Relations Board will review an agency official's decision to let four supervisors at a Southern California company vote on unionizing, indicating Tuesday that it plans to take a closer look at whether the supervisors have the type of authority that would render them ineligible to unionize.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Teamsters Must Stay Out Of Cannabis Law Row, Co. Says

    The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.

  • July 15, 2024

    Yellow Corp. Denied Redo In $137M Teamsters Fight

    A Kansas federal judge held firm Monday on her decision to throw out Yellow Corp.'s $137 million lawsuit against the Teamsters, in which the trucking company accused the union of driving it into bankruptcy by fighting a necessary corporate restructuring.

  • July 15, 2024

    UAW Staff Culture Needs More Work, Monitor Says

    Remnants remain of the "culture of fear and reprisal" that gripped the United Auto Workers when union leaders were embezzling funds and accepting bribes from automakers in the 2010s, but progress has been made toward cultural change at the union, a court-appointed monitor said in his latest report.

  • July 15, 2024

    Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use

    An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

    The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.

  • July 15, 2024

    Union Fund Asks Justices To Reject Withdrawal Liability Case

    A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.

  • July 15, 2024

    Union Must Comply With Starbucks Subpoenas, Judge Says

    Workers United and former Starbucks employees must provide information requested in subpoenas about impacts to union support at a Long Island cafe following a worker's firing, a New York federal judge ruled, saying the company's probe is relevant to a National Labor Relations Board injunction case.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Apple Wrongly Fired Worker For Mass Emails, NLRB Atty Says

    Apple should be held responsible for a federal labor law violation for interrogating, disciplining and firing a software engineer who sent mass emails about her workplace concerns, a National Labor Relations Board prosecutor told an agency judge after a hearing in a case against the technology giant.

  • July 12, 2024

    Split DC Circ. Backs NLRB Bargaining Order Against NY Hotel

    A divided D.C. Circuit panel on Friday upheld a National Labor Relations Board decision finding that a Brooklyn hotel's operator illegally refused to bargain with a union over economics until noneconomic issues were settled, finding the board's bargaining order was proper under federal labor law.

  • July 12, 2024

    5th Circ. Injects Some 'Confusion' Into NLRB Outburst Test

    A recent Fifth Circuit ruling vacating a National Labor Relations Board decision that restored protections for workers who mouth off during workplace actions doesn't undercut the board's policy but may complicate its enforcement, at least in the short term.

  • July 12, 2024

    Union Must Face Black Truck Driver's Race Bias Suit

    An Ohio federal judge refused to throw out a Black truck driver's suit against the International United Auto Workers, saying he put forward enough information to support his allegation that the union did a poor job of representing him when his employer fired him for his social media posts.

  • July 12, 2024

    3 Major Organizing & Bargaining Developments Of 2024 So Far

    The first half of 2024 saw labor gaining ground in contract talks between Starbucks and Workers United and an organizing victory for the United Auto Workers at a Volkswagen plant in Tennessee, but experts shared that the presidential election this year could affect unions' momentum.

  • July 12, 2024

    Laborers Local Beats Las Vegas Hiring Hall Rule Challenge

    A National Labor Relations Board judge tossed two former union members' claims that their Laborers local maintained an unwritten, arbitrary rule at its Las Vegas hiring hall that it didn't tell members about, holding that the rule was sensible and members were informed of it.

  • July 12, 2024

    NY Artist Violated Law Amid Union Drive, NLRB GC Says

    A New York City-based artist violated federal labor law by requiring workers to attend a so-called captive audience meeting and firing a union supporter, National Labor Relations Board prosecutors alleged, calling for the employer to issue an apology letter and read a notice of workers' rights.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    NLRB's Lone Republican Balks At Starbucks Decert. Dismissal

    A split National Labor Relations Board panel on Thursday upheld the dismissal of a Starbucks worker's bid to oust the union at a Portland, Oregon, cafe, drawing a dissent from the board's lone Republican appointee, who thought the decertification election should happen despite pending unfair labor practice claims.

  • July 11, 2024

    Vidal Says USPTO Has Improved Patent, TM Application Speed

    The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.

Expert Analysis

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 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.

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