Labor

  • June 03, 2024

    Minn. Biz Groups Fight Ban On Required Anti-Union Meetings

    A Minnesota company and two business groups are challenging the state's nearly year-old ban on so-called captive audience meetings, saying Minnesota can't exempt workers from sitting through mandatory meetings about their employers' views on unionization without violating the U.S. Constitution.

  • June 03, 2024

    Starbucks' 'Middleman' Remark Illegal, NLRB Judge Says

    Starbucks violated federal labor law at a California cafe when a store manager told a worker she could lose benefits and compared the union to a "middleman," a National Labor Relations Board judge ruled, finding the manager's statements weren't protected speech.

  • June 03, 2024

    NLRB Says Electrical Contractor Must Honor Union Contract

    An electrical contractor in western New York violated the National Labor Relations Act when it refused to properly pay its union electricians or contribute to union-run fringe benefit funds, the National Labor Relations Board ruled, granting a board prosecutor's motion for default judgment.

  • June 03, 2024

    Labaton Keller Opens 1st Office Outside US In London

    Labaton Keller Sucharow LLP said Monday it has opened its first office outside the U.S. in London, as the firm looks to expand its services to the U.K. and the rest of Europe.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    US, Mexico Reach Truce On Steel Factory Labor Violations

    A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.

  • May 31, 2024

    Starbucks, Workers United Secure Tentative Accords In Talks

    Starbucks and Workers United said Friday that collective bargaining talks have resulted in tentative agreements related to just cause, union representation and transparency between the parties, marking another step toward a first labor contract for the coffee chain and union.

  • May 31, 2024

    Texas Justices Won't Review Boeing, Union Back Pay Suit

    The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages from Boeing after the Federal Aviation Administration grounded its 737 Max plane in 2019. 

  • May 31, 2024

    DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal

    An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she issued in the case play out before she resumes adjudicating.

  • May 31, 2024

    CWA, Microsoft Reach Neutrality Deal Over ZeniMax Workers

    The Communications Workers of America and Microsoft notched a neutrality pact that applies to all ZeniMax workers, according to an announcement from the union, with the company agreeing not to interfere if employees want to unionize. 

  • May 31, 2024

    4 Argument Sessions In June Bias Lawyers Should Know

    A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Split NH High Court Says Cops Must Pay Back Sick Leave

    An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pending, a split New Hampshire Supreme Court ruled.

  • May 31, 2024

    NLRB Official OKs Doughnut Chain's Challenge To Union Vote

    A National Labor Relations Board official has upheld a Portland, Oregon, doughnut shop chain's challenges to two votes that swung a representation election in a union's favor, saying the workers were not on payroll at the time they cast their ballots.

  • May 31, 2024

    DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

    The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

  • May 31, 2024

    Transit Co. Wrong To Snub Union In Dallas, NLRB Judge Says

    A company that took over providing certain public transit services in the Dallas area unlawfully refused to work with a union that represented the majority of its drivers, a National Labor Relations Board judge ruled, deeming the company a successor to the workers' previous employer.

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 30, 2024

    Chamber Backs Home Depot In BLM Slogan Row At 8th Circ.

    The U.S. Chamber of Commerce backed Home Depot's challenge of a National Labor Relations Board decision finding the retailer illegally told a worker to remove a Black Lives Matter slogan on their apron, telling the Eighth Circuit that the board hadn't shown a connection between individual and group actions.

  • May 30, 2024

    Lawmakers Urge NLRB To Investigate Claims Against Google

    A group of nearly 50 lawmakers asked the National Labor Relations Board's general counsel to quickly investigate unfair labor practice allegations against Google and its contractor Cognizant, saying the outcome of these cases could "set important precedent" for workers and companies.

  • May 30, 2024

    NLRB Judge Hits Nursing Homes For Bad Faith Bargaining

    The operators of six Connecticut nursing homes bargained in bad faith with a Service Employees International Union local and refused to rehire workers who went on strike to protest their unlawful implementation of a contract, a National Labor Relations Board judge ruled in a case that stretches back more than 12 years.

  • May 30, 2024

    Teamsters Urge Court To Keep Airline Retaliation Suit Alive

    The Teamsters have asked a Minnesota federal judge to preserve their allegations that Sun Country Airlines retaliated against workers for participating in a union drive, saying the judge should toss the company's bid to dismiss the suit.

  • May 30, 2024

    NLRB Says Member Conflict Rightly Doomed Exxon Mobil Win

    The National Labor Relations Board has asked the Fifth Circuit to preserve a board holding that Exxon Mobil refused to bargain with a union, defending its decision to nix the oil giant's initial victory in the case after discovering that a board member had invested in a fund containing Exxon stock.

  • May 30, 2024

    Ford Settles Union Worker's Retirement Credit Suit

    Ford Motor Co. and a union retirement plan have agreed to settle an employee's proposed class action claiming the company improperly calculated retirement benefits owed to workers who were injured on the job, according to a filing Thursday in Michigan federal court.

  • May 30, 2024

    NLRB GC Calls On Board To Find Racism Claim Is Protected

    A National Labor Relations Board judge was right to find that a school choice nonprofit illegally terminated a worker for saying she thought her supervisor was racist, agency prosecutors argued, saying the worker's remark was linked to protected concerted activity.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

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