Labor

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 21, 2024

    NLRB Judge Calls For Cemex Order Against Starbucks In NY

    Starbucks should be ordered to bargain with Workers United at a Long Island, New York, cafe under the National Labor Relations Board's Cemex standard, an administrative law judge ruled Monday, finding the coffee giant illegally threatened and questioned workers in the lead-up to a representation vote.

  • October 21, 2024

    Retired Conn. Firefighters Sue Over Healthcare Switch

    A group of 119 retired union firefighters for the city of Stamford, Connecticut, sued the city in state court Monday, seeking an injunction preventing the city from changing their healthcare benefits.

  • October 21, 2024

    Fan-Maker Joins Other Cos. With NLRB Constitutional Claims

    A fan manufacturer is the latest employer to seek an injunction against a National Labor Relations Board case and raise allegations about the constitutionality of the agency's structure, with the company claiming the outcome of the administrative proceeding could threaten worker safety.

  • October 21, 2024

    9th Circ. Probes Bargaining Order Limits In 1st Cemex Review

    In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.

  • October 21, 2024

    Boeing Machinists To Vote On New Tentative Wage Deal

    Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.

  • October 21, 2024

    Sean Penn's NGO Challenges NLRB's Revival Of Threat Claim

    A National Labor Relations Board judge used the correct legal standard to clear Sean Penn's nongovernmental organization of allegations that Penn threatened to retaliate against employees who critiqued the disaster relief group's work, the group argued, asking the board to rethink its decision to vacate the judge's ruling.

  • October 21, 2024

    NLRB Official Signs Off On Union Vote At Vehicle Service Co.

    Technicians and other workers at an emergency vehicle maintenance company may vote on whether they want an International Association of Machinists local in Illinois to represent them, a National Labor Relations Board regional director concluded, blocking the company's bid for a larger bargaining unit.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Spirit AeroSystems Furloughs 700 As Boeing Strike Endures

    Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.

  • October 18, 2024

    NLRB Official Sets Union Vote At Hotel In Buffalo, NY

    The staff of a Buffalo, New York, hotel can vote on representation by a Workers United affiliate, a National Labor Relations Board official said Friday, though she excluded housekeeping and laundry workers from the proposed bargaining unit because they do not have enough in common with the other employees.

  • October 18, 2024

    What To Expect As 9th Circ. Mulls 1st Cemex Challenge

    The Ninth Circuit will hear arguments Monday in the first challenge to the National Labor Relations Board's revised approach to ordering employers that interfere with organizing drives to recognize and bargain with unions. Here, Law360 previews the hearing.

  • October 18, 2024

    Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest

    The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.

  • October 18, 2024

    NLRB Official Approves Union Vote For Ladder Makers

    A National Labor Relations Board official ruled 18 ladder welders can vote on being represented by the International Union of Operating Engineers, rejecting a ladder manufacturer's arguments that more employees belong in the petitioned-for unit.

  • October 18, 2024

    NY Forecast: Workers Want Collective Status In Care Co. Suit

    This week, a federal magistrate judge will consider competing motions over the continuation of a collective action brought by former workers at a western New York home healthcare provider who claim they were not properly paid overtime required by federal law. Here, Law360 looks at this and another case on the docket in New York.

  • October 18, 2024

    NLRB Says Amazon's Fast 5th Circ. Appeal Disrespects Court

    Amazon manufactured an emergency to get a constitutional challenge to the National Labor Relations Board's structure before the Fifth Circuit as soon as possible, the board told the appeals court in a new brief, urging it to reject the company's tactic and refuse to hear the case.

  • October 18, 2024

    Calif. Forecast: 9th Circ. Reviews NLRB's Cemex Decision

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in which Cemex Construction Materials Pacific LLC and the International Brotherhood of Teamsters are each seeking to undo a major National Labor Relations Board decision regarding union representation. Here's a look at that case and other labor and employment matters on deck in California.

  • October 18, 2024

    Hospital Looks To Use Loper Bright To Ax Union Dues Ruling

    The Ninth Circuit should have analyzed federal labor law instead of adopting the National Labor Relations Board's analysis when deciding whether an employer may stop deducting union dues once its union contract expires, a Nevada hospital argued, asking the U.S. Supreme Court to reverse a pair of rulings.

  • October 17, 2024

    Calif. Teamsters Local Beats Back Claim Of Organizer Threat

    A Southern California Teamsters local has defeated an anti-union truck driver's claim that a union organizer threatened him and another anti-union driver, with a National Labor Relations Board judge ruling Thursday that there's insufficient proof that the incident occurred.

  • October 17, 2024

    UAW Eyes Future With Fight Over Stellantis Investments

    Stellantis has filed nearly a dozen lawsuits accusing the United Auto Workers of trumping up claims the company abandoned investment commitments it made in a labor contract, waging a contentious and public dispute experts said shows the union's attempt to steer the industry after its strike victory less than a year ago.

  • October 17, 2024

    6th Circ. Can't Ax Captive Audience Memo, NLRB Atty Says

    A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.

  • October 17, 2024

    Athletes 'Easily' Clear 3rd Circ. Employee Test, Atty Says

    The lead attorney who persuaded the Third Circuit to hold that college athletes may be employees under federal wage law said Thursday that his clients are clearly employees under the test the court set out, drawing a favorable comparison to work-study participants.

  • October 17, 2024

    Starbucks Can't Disturb Threat Standard, NLRB Tells 8th Circ.

    The Eighth Circuit should reject Starbucks' "groundless" challenge to the well-established standard for determining when employers' statements constitute unlawful threats, the National Labor Relations Board has argued, asking the court to enforce the board's holding that a store manager threatened unionizing workers by saying they might not get raises.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

Expert Analysis

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Does NLRA Preempt Suits Against Unions For Strike Damage?

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    The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

    Excerpt from Practical Guidance
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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

  • Don't Ignore NLRA When Using Employee Resource Groups

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    Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.

  • My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • How The NLRA May Slow Down The FAST Act

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    California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

  • Cos. Must Consider Union Vs. Nonunion Employee Treatment

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    The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.

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