A Texas federal judge on Thursday delayed until March an imminent National Labor Relations Board rule change that will make it tougher for employers to show they are not joint employers while the court mulls a business coalition's challenge.
In the year since the National Labor Relations Board held that employers violate federal labor law by offering severance agreements that restrict employees' ability to talk about the employer or the pact itself, experts say parties have generally found compromises on language that complies with the ruling, but some questions remain unanswered.
The Fifth Circuit pressed pause on a Texas district court's order to transfer SpaceX's suit over the constitutionality of the NLRB's structure to California, staying the lower court's decision while the appeals court considers the company's petition for writ of mandamus.
Three co-defendants of former Philadelphia union leader John "Johnny Doc" Dougherty have been sentenced for their participation in an embezzlement scheme spearheaded by the former International Brotherhood of Electrical Workers Local 98 business manager.
A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.
The United Auto Workers and one of its affiliates urged a Michigan federal judge to dismiss accusations that the union violated its fiduciary duty in connection with an individual's claim for benefits, saying federal retirement and labor laws preempt the plaintiff's allegations.
A California bankruptcy judge Thursday approved the International Longshore and Warehouse Union's request to dismiss its own bankruptcy after okaying the union's settlement of a long-running legal dispute with a shipping company that had driven it into insolvency
A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.
When the Hollywood writers' strike ended in September, there was a 24-hour period of euphoria before Writers Guild staff and members turned their attention elsewhere. Ann Burdick, general counsel of the Writers Guild of America East, recently spoke with Law360 Pulse about her roles and responsibilities during and after the monthslong strike that halted production last year.
Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.
A New York federal judge paused enforcement of a section of a state agricultural labor law that would make it an unfair labor practice to discourage unionization, saying claims from a farming group that the provision violates the First Amendment have a chance of success.
The company that manages a Phoenix apartment complex violated federal labor law when it ordered a new employee to stop telling his co-workers about his wages and then fired him after three days on the job, the National Labor Relations Board ruled, upholding an agency judge's decision.
Home Depot violated federal law by telling a worker they could not wear a Black Lives Matter slogan on their apron and directing them to remove it, the National Labor Relations Board ruled Wednesday, saying the message was connected to earlier group complaints about racism in the workplace.
The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.
Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.
A Michigan federal judge won't recuse himself from a defamation case involving two unions after a claim was raised that he expressed bias against the East Coast, instead asking the defendants why sanctions shouldn't be imposed for "bad faith" litigating.
A National Labor Relations Board official greenlit a union representation election at a Sysco food distribution facility in Tennessee, clearing about 84 employees to vote on Teamsters affiliation after rejecting the employer's argument that the proposed bargaining unit should be broader.
Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.
The Belt Railway Co. of Chicago urged an Illinois federal judge Tuesday to stop a union from going on strike over operations changes, saying the parties' disagreement must first be arbitrated under federal labor law.
Starbucks Workers United filed petitions for representation elections at 21 stores in 14 states Tuesday in the campaign's busiest filing day since its summer 2021 launch, the union announced.
Pacific Bell Telephone Co. violated federal labor law by delaying responses to information requests from a Communications Workers of America affiliate, a National Labor Relations Board judge found, knocking the AT&T affiliate's contention that the company responded in a reasonable time frame.
Benefits boutique Wagner Law Group added a partner with two decades of experience advocating for unions and workers to its ranks in Los Angeles, bringing on a veteran who said he'll still be "sticking up for employees" even though he'll no longer be representing labor.
The Second Circuit declined Tuesday to revive a race bias suit from a Hispanic office cleaner who said her union unlawfully failed to press a grievance about her workload, saying the worker hadn't shown that prejudice influenced the union's decision making.
About three dozen workers at a University of Southern California health clinic will vote again on whether to join unionized colleagues after a National Labor Relations Board judge found their bosses threatened to cut benefits and cap wages on the eve of their vote.
The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.
The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.
William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.
A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.
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.
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.