Labor

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    UAW Wants 'Highly Sensitive' Strategy Kept From Monitor

    United Auto Workers is urging a Michigan federal judge to declare that the union can withhold confidential information — such as "highly sensitive" collective bargaining strategy — from the "unprecedented" amount of discovery requested by a monitor investigating alleged financial misconduct and retaliation within the union.

  • July 05, 2024

    Farmworkers Union Wins Partial Block Of DOL Wage Rules

    A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.

  • July 05, 2024

    The 3 Biggest Labor Law Decisions Of 2024 So Far

    The first half of 2024 included several significant decisions for labor law, including the U.S. Supreme Court's ruling toughening the standard for evaluating injunctions requested by National Labor Relations Board prosecutors and a Texas federal judge's decision striking down the board's joint employer rule. Here, Law360 examines these cases, as well as some of the other most important decisions from the first six months of the year.

  • July 05, 2024

    NY Forecast: Judge Weighs Dismissal Of Service Fee Tip Suit

    A New York federal judge on Monday will consider a Long Island restaurant's bid to dismiss a worker's lawsuit claiming the restaurant violated federal and state law by retaining a service charge instead of dividing it among servers as it told customers.

  • July 03, 2024

    SpaceX Can Proceed With 2nd NLRB Constitutional Challenge

    The National Labor Relations Board can't press pause on SpaceX's second fight over the constitutionality of the agency's structure, a Texas federal judge ruled Wednesday, saying the board couldn't demonstrate why the proceeding should be stayed.

  • July 03, 2024

    AFSCME Sues Philadelphia Over Mandatory Return To Office

    American Federation of State, County and Municipal Employees affiliates accused the city of Philadelphia of violating labor contracts by not bargaining over the end to remote work, telling a state court that the city's move would impact around 2,900 workers in the bargaining unit.

  • July 03, 2024

    NLRB's First Cemex Order Provides Little Clarity On Rule

    The National Labor Relations Board recently issued its first order requiring an employer to bargain with a union under a relaxed standard for such orders based on violations during representation elections, but attorneys said the decision did not do much to clarify how the new standard will work.

  • July 03, 2024

    Owner Of Defunct Hotel Owes Engineers $400K, Union Says

    The owner of a shuttered New York City hotel is on the hook for more than $400,000 in payments to engineers required under an arbitration award, a hotel workers union argued, telling a federal judge that the owner can't evade the arbitrator's decision.

  • July 03, 2024

    Bronx Defenders Union Braces To Strike In Less Than 3 Weeks

    The Bronx Defenders Union's bargaining committee voted on Tuesday to authorize an unlimited unfair labor practice strike beginning the week of July 22, saying the organization's staff continue to face high attrition, unwieldy caseloads and some of the lowest pay rates of New York City's public defenders.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Pact Shouldn't Stop Ky. Public Defenders Row, NLRB GC Says

    A National Labor Relations Board dispute alleging a Kentucky public defender corporation refused to bargain over outsourcing of work with an International Brotherhood of Electrical Workers local should go forward, agency prosecutors argued, saying a nonboard settlement between the parties doesn't warrant termination of the proceeding.

  • July 02, 2024

    Gig Drivers' Union Rights Make It To Mass. Ballot

    Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced. 

  • July 02, 2024

    Mich. Hospital Mounts NLRB Constitutionality Claims In Court

    A Michigan hospital that withdrew recognition from a union urged a federal judge to dismiss a National Labor Relations Board injunction bid against it, arguing the related agency proceeding is unconstitutional because administrative law judges and the board have protections from presidential removal.

  • July 02, 2024

    2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit

    The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.

  • July 02, 2024

    Justices Revive FERC Solar Fight, Citing Chevron Ruling

    The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.

  • July 02, 2024

    NLRB Official Nixes IBEW Unit's Bid To Add More Workers

    System administrators can't join a bargaining unit of technicians represented by an International Brotherhood of Electrical Workers affiliate at a Florida aerospace facility, a National Labor Relations Board regional director determined, saying there isn't enough evidence that the administrators' role changed significantly.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Advocates Raise Alarms Over Project 2025 Labor Road Map

    Labor advocates are raising concerns over a conservative group's framework for changes in the next Republican administration that calls for the National Labor Relations Board to support the position that political conflicts of interest can support fair representation claims against unions, among other changes to labor law.

  • July 01, 2024

    'Unsecured' Ballot Box Justifies Nixing Vote, Co. Tells DC Circ.

    A building management services company fought the certification of an International Union of Operating Engineers local at the D.C. Circuit on Monday, claiming a National Labor Relations Board agent left the ballot box "unsecured and unattended" during a representation election.

  • July 01, 2024

    ACLU, NLRB Prosecutors Clash Over Outspoken Atty's Firing

    National Labor Relations Board prosecutors and the American Civil Liberties Union filed dueling briefs in a board challenge to an ex-policy attorney's firing, with prosecutors claiming she was fired for speaking out about bad bosses and the group claiming she relentlessly smeared Black supervisors.

  • July 01, 2024

    Amazon Tells NLRB Its Union Banner Ban Should Pass Muster

    The National Labor Relations Board should find that Amazon lawfully barred a pro-union banner in the breakroom at a Staten Island, New York, facility, the e-commerce giant argued, disputing an agency judge's conclusions of federal labor law violations and credibility findings for union salts.

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

  • July 01, 2024

    Starbucks Can't Bar 'Union Strong' On Cup, NLRB Judge Says

    Starbucks violated federal labor law by enforcing a rule that barred workers from putting messages like "union strong" on customers' cups during a "sip-in" action, a National Labor Relations Board judge ruled, saying the policy could dissuade a reasonable worker from participating in union activities.

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

Expert Analysis

  • 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

    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.

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