Labor

  • August 07, 2024

    Thompson Coburn Adds Willkie Benefits Atty

    Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.

  • August 07, 2024

    Starbucks Fights 'Speech-Censoring' NLRB Order At 8th Circ.

    The National Labor Relations Board used a "speech-censoring standard" to find a Los Angeles store manager made unlawful comments to a worker about unionization, Starbucks argued to the Eighth Circuit, saying the agency didn't consider evidence about whether employees felt threatened.

  • August 06, 2024

    From Vets To Labor: The Policies VP Pick Walz Has Backed

    Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.

  • August 06, 2024

    Pilots Union Tells 5th Circ. Southwest Put Animus In Policy

    Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.

  • August 06, 2024

    Starbucks Seeks Limited Discovery After 2nd Circ. Order

    Starbucks asked a federal court for limited discovery again in an injunction case that began at western New York stores after the Second Circuit knocked the district court's previous subpoena order, saying the company will narrow the national scope of its requests if the National Labor Relations Board drops its nationwide remedy bid.

  • August 06, 2024

    In Walz, Harris Picks Veep With Vast Employment Law Record

    Vice President Kamala Harris on Tuesday announced for a running mate in the 2024 election a person with a progressive labor and employment record, one that could signal how a future presidential administration could treat those issues, attorneys said. Here, Law360 explores Walz’s employment law record.

  • August 06, 2024

    Investment Adviser Must Face Union Fund's $30M ERISA Suit

    A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.

  • August 06, 2024

    Yellow Corp., Pensions Spar In $7.8B Withdrawal Liability Row

    A Delaware bankruptcy judge declined to rule Tuesday on competing motions for summary judgment filed by trucking firm Yellow Corp. and Central States Pension Fund in a $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs, saying he needed more time to consider the issue.

  • August 06, 2024

    10th Circ. Says Union Contract Legally Imposed On Okla. Co.

    An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.

  • August 06, 2024

    NLRB GC Memo Defines Nexus Of Labor Law, Student Privacy

    Universities concerned about violating students' privacy rights when reporting information to a union can now look to a National Labor Relations Board memo released Tuesday, which outlines how to comply with both the Family Educational Rights and Privacy Act and the National Labor Relations Act when disclosing students' records.

  • August 06, 2024

    Starbucks Attys Asked Lawful Questions, NLRB Judge Says

    Attorneys for Starbucks lawfully questioned workers during representation election hearings, a National Labor Relations Board judge ruled, concluding that the inquiries were relevant and evidence doesn't back the claim that the questions tried to uncover the identities of union supporters.

  • August 05, 2024

    Bank Asks To Pause NLRB Case On Constitutionality Grounds

    A Missouri bank become the latest company to request an injunction pausing National Labor Relations Board proceedings on constitutional grounds, telling a Missouri federal court that it shouldn't have to face a case heard by agency judges who are unconstitutionally protected from presidential removal.

  • August 05, 2024

    Hospital Can't Block 'Respect Us' On CBA Cover, Union Says

    A Las Vegas hospital can't stop a union from sending out copies of a collective bargaining agreement that included statements like "respect us" on the cover, a Service Employees International Union affiliate argued to a Nevada federal judge, saying the contract doesn't bar this type of speech.

  • August 05, 2024

    SpaceX Asks 5th Circ. To Block Transfer Of NLRB Challenge

    SpaceX asked the Fifth Circuit on Monday to step in after a Texas federal judge ordered its challenge to the constitutionality of the National Labor Relations Board transferred to California, saying the appeals court should either vacate the order or pause it until the court can rule on the company's injunction request.

  • August 05, 2024

    Judge Grants NLRB's Arrest Bid For Construction Co. Owner

    The owner of a Maryland construction company may be arrested for noncompliance with a district court's civil contempt orders regarding subpoenas, a Delaware federal judge ruled, approving the National Labor Relations Board's request for U.S. marshals to take the owner into custody.

  • August 05, 2024

    US Chamber Backs Rail Co. Challenge To Crew Size Rule

    The U.S. Chamber of Commerce is backing railroad companies' argument that the Federal Railroad Administration overstepped by implementing a rule that requires trains to be operated by at least two people, telling the Eleventh Circuit the rule was imposed without adequate justification or consideration of companies' interests.

  • August 02, 2024

    Connecticut City Gets Ex-Cop's Arbitration Win Vacated

    In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.

  • August 02, 2024

    NLRB Damages Violate Constitution, Movie Cos. Tell 10th Circ.

    Two movie production companies for Hallmark films sought reversal of a National Labor Relations Board decision that found them in violation of federal labor law over unlawful terminations of strikers and interrogation, contending that the board awarded compensatory damages in violation of the U.S. Constitution.

  • August 02, 2024

    Recent Injunction Decisions Muddy Labor Board's Future

    Two recent decisions by Texas federal judges to block National Labor Relations Board suits on constitutional grounds will hamper the agency's power to prosecute certain cases in the short term, and could gut the agency in the long term if these once-fringe theories gain traction.

  • August 02, 2024

    Coca-Cola Distributor Illegally Altered Retiree Plan, Local Says

    A Detroit-area Coca-Cola distributor violated its contract with a Teamsters local by altering the health insurance available to retirees — removing a cap on prescription costs, requiring retirees to pay monthly premiums, limiting certain coverage and changing deductibles, the union alleged in a lawsuit in Michigan federal court.

  • August 02, 2024

    Labor Contract Doesn't Impede Concrete Mixer's Wage Claims

    A California federal magistrate judge declined to grant a construction materials company a win on a truck driver's proposed wage and hour class action, saying to the extent the allegations were based on his work as a mobile sweeper driver, they were not superseded by a collective bargaining agreement.

  • August 02, 2024

    UFCW's Disclaimer Ends NY Ouster Bid, NLRB Official Says

    A Walgreens employee's request to have an election to decertify a United Food and Commercial Workers affiliate can't go forward, a National Labor Relations Board regional director concluded, explaining that the union disclaimed interest in representing a bargaining unit at stores in New York.

  • August 02, 2024

    NY Forecast: Judge Hears School's Bid To Trim Bias Suit

    This week, a New York federal judge will consider a New York City preschool's motion to trim an employment discrimination lawsuit brought by a former administrator who claims she was falsely promised a promotion and faced discrimination after an accident.

  • August 02, 2024

    Ogletree Opens 2nd German Office In Munich

    U.S. law firm Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Munich, its second in Germany, in a move to expand its legal services in Europe.

  • August 02, 2024

    Calif. Forecast: Charter Vacation Time Suit Back In Court

    In the coming week, attorneys should keep an eye out for arguments regarding dueling partial summary judgment bids in a class action alleging Charter Communications failed to pay out unused vacation time when it merged with Time Warner Cable. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • Takeaways From NLRB's New Workplace Rule Standards

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    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.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    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.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    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.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    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.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    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.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    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.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    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.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    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.

  • Biden Admin Must Take Action On Worker Surveillance

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    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.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    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.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    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.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    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.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

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