Labor

  • November 05, 2024

    Waste Co. Agrees To Settle Union Pension Withdrawal Suit

    A municipal waste company has agreed to resolve a Teamsters pension fund's lawsuit alleging that the company owes over $7.5 million to cover a predecessor's unpaid contributions, a New York federal judge said Tuesday.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.

    A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.

  • November 04, 2024

    NLRB Orders Diner To Read Notice About Breaking Labor Law

    An '80s-themed restaurant in Houston must read a notice out loud to workers after illegally terminating employees who went on strike, the National Labor Relations Board determined Monday, upholding an agency judge's unfair labor practice findings.

  • November 04, 2024

    Starbucks Fights NLRB's View On High Court Injunction Order

    The National Labor Relations Board isn't considering a recent U.S. Supreme Court ruling on what standards courts must apply to injunction requests under federal labor law, Starbucks argued to a Michigan federal judge, challenging the agency's bid to make the court order the company to reinstate a fired union backer.

  • November 04, 2024

    Grindr Return-To-Work Policy Was Retaliatory, NLRB Attys Say

    Grindr retaliated against its unionizing employees by giving them two weeks to either commit to returning to the office or resign, the National Labor Relations Board's Los Angeles office said in a new complaint against the gay dating app operator, saying 83 people lost their jobs as a result.

  • November 04, 2024

    NLRB Won't Redo Back Pay Precedent In Steakhouse Case

    The National Labor Relations Board has upheld a back pay order against a Manhattan steakhouse that fired 36 strikers a decade ago, but shot down board prosecutors' request to use the case to shift precedent on back pay calculations.

  • November 04, 2024

    Starbucks' Payroll Benefit Rollout Is Illegal, NLRB Judge Says

    Starbucks violated federal labor law by excluding unionized stores from a new benefit in four states under which it paid workers at nonunion stores weekly instead of biweekly, a National Labor Relations Board judge ruled, finding the coffee chain couldn't excuse its actions by promising to bargain in good faith.

  • November 04, 2024

    Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices

    Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.

  • November 01, 2024

    Boeing Tries Again To End Strike With New Contract Offer

    Boeing is hoping the third time's the charm with its latest attempt to end a seven-week strike, asking workers to approve a contract that would raise wages 38% over four years after they rejected two skimpier offers.

  • November 01, 2024

    Apple Accused Of Suppressing Workers' Pay Gap Talks

    National Labor Relations Board prosecutors in Oakland, California, have accused Apple of suppressing a worker-led probe of pay gaps between men and women at the company's headquarters and forcing out the programmer who led the initiative.

  • November 01, 2024

    Commuter Train Operator Must Obey Raise Order, Union Says

    The company that runs Boston's commuter trains must give its Teamsters-affiliated workers a raise if it increased other union workers' wages, the union said in Massachusetts federal court, urging the judge to hold the company's feet to the fire by enforcing an arbitrator's order.

  • November 01, 2024

    Nonprofit Urges Miss. Judge To Uphold H-2A Worker Rule

    A nonprofit supporting migrant workers' rights filed an amicus brief Friday urging a Mississippi federal court to deny the U.S. Chamber of Commerce's bid to stay a regulation allowing H-2A migrant farmworkers to organize, saying the rule falls well within the authority of the U.S. Department of Labor.

  • November 01, 2024

    Construction Groups Want Win In DBA Rule Challenge

    Two construction groups told a Texas federal court Friday that the U.S. Department of Labor's final rule updating the Davis-Bacon Act unlawfully reinstates a defunct standard and expands the statute coverage, seeking a win in their suit challenging the rule.

  • November 01, 2024

    4 Appellate Arguments Benefits Attys Should Watch In Nov.

    The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.

  • November 01, 2024

    Teamsters Sue Pepsico Over Chicago Warehouse Closing

    A Teamsters local has sued Pepsico on behalf of nearly 80 members it claims were laid off without proper notice when the soft drink giant abruptly announced it was closing a warehouse on Chicago's South Side.

  • November 01, 2024

    Calif. Forecast: 9th Circ. To Hear Args In Hotel-Union Dispute

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case involving UNITE HERE, the San Diego County Building and Construction Trades Council, and hotel development companies. Here's a look at that case and other labor and employment matters on deck in California.

  • November 01, 2024

    Trader Joe's Union Says NLRB Agent Rightly Axed Ouster Bid

    A National Labor Relations Board official properly tossed a worker's bid to decertify the first union organized at Trader Joe's, the union told the board, saying the decertification petition was "tainted" and cannot proceed while the company stands accused of violating labor law.

  • November 01, 2024

    NY Forecast: 2nd Circ. Hears COVID Whistleblower Suit

    This week, the Second Circuit will consider a former bank worker's attempt to revive her claim that she was transferred to a less prestigious position after she complained that the company's CEO attended a holiday party despite having COVID-19. Here, Law360 looks at this and another case on the docket in New York.

  • October 31, 2024

    NLRB Official Rejects Fabricator's Challenge To Union Vote

    A National Labor Relations Board official has tossed a Washington fabrication company's objections to a union representation election, allowing the company's technicians and specialists to retain their representation by an International Association of Sheet Metal, Air, Rail, and Transportation Workers local.

  • October 31, 2024

    NFL, Broncos Say Player's THC Suit Belongs In Federal Court

    The National Football League and the Denver Broncos are urging a Colorado federal court to keep in federal court a linebacker's suit alleging they discriminated against him by fining him for using medically prescribed synthetic THC, saying amending his complaint to remove references to his contract is not enough to warrant removal.

  • October 31, 2024

    Referral Biz Worker Challenges NLRB Constitutionality

    A worker who unsuccessfully sought to oust a union from a social services referral company has challenged the National Labor Relations Board's constitutionality in Texas federal court, saying the board's members are unlawfully shielded from presidential removal.

  • October 31, 2024

    6th Circ. Split Over NLRB Remedy In Starbucks Firing Case

    The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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