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.
Amazon has joined Trader Joe's, Starbucks and SpaceX in challenging the constitutionality of the National Labor Relations Board's structure, saying in a filing in board litigation that NLRB members and judges are unconstitutionally protected from removal by the U.S. president.
A push by the National Labor Relations Board's general counsel to find noncompete agreements illegal has shown progress through an agency settlement requiring a medical spa to tell workers that it will not maintain those provisions or training repayment agreements, though the future of her initiative is uncertain, experts said.
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 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.
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.
A National Labor Relations Board panel on Friday denied a United Auto Workers bid to reverse a regional director's decision, with a dissenting NLRB member saying the agency should reconsider precedent over the board's review of unit clarification disputes with ties to arbitration.
The Sixth Circuit should enforce the National Labor Relations Board's order for a Michigan manufacturing plant to rescind discipline given to two workers who held union positions, the agency argued Friday, saying ample evidence linked the workers' punishment to their activities as union steward and union committee member.
The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.
Former employees of trucking firm Yellow Corp. told a Delaware bankruptcy court that recognizing them as a class is the best way to handle their claim that the bankrupt company didn't give them adequate warning of layoffs.
In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.
In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.
The D.C. Circuit on Friday vacated a National Labor Relations Board decision that found an ambulance company unlawfully withheld information from a union, telling the board to review the company's obligation to provide documents under the parties' labor contract.
A year after announcing his departure as U.S. labor secretary, Marty Walsh says his government experience has come in handy as he oversees the professional hockey players' union, including as they prepare to bargain for a new agreement, and that he's willing to keep pushing for the confirmation of his successor.
A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."
An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.
The National Labor Relations Board denied a challenge by Starbucks to an agency judge's order mentioning a potential recommendation to "admonish or reprimand" the company's counsel at Littler Mendelson PC over subpoena compliance, with one board member calling for specifics on alleged misconduct.
More than twice as many workers struck in 2023 than in 2022 amid a series of high-profile work stoppages by large units of actors, teachers, and healthcare and manufacturing workers, according to a Cornell University-University of Illinois report released Thursday.
An International Longshoremen's Association local violated federal labor law by causing the suspension of a worker from a hiring hall after he filed internal grievances, the National Labor Relations Board concluded, ordering the union to pay for harm linked to its illegal actions.
Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.
Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.
Starbucks illegally threatened a lead union organizer in Florida, the National Labor Relations Board concluded Wednesday, tossing Starbucks' claim that it didn't violate federal labor law because there wasn't an explicit threat of retaliation.
An '80s-themed restaurant in Houston violated federal labor law by threatening and terminating employees who went on strike, a National Labor Relations Board judge ruled, saying the company gave inconsistent explanations for why the workers were let go.
After punting on the issue nearly a decade ago, the National Labor Relations Board is poised to decide whether college athletes can unionize following a regional official's decision to allow a union vote among Dartmouth College men's basketball players.
The National Labor Relations Board has upheld a regional official's decision approving a union representation election for housekeeping staff at a Brooklyn hotel, saying the workers have enough in common to form a bargaining unit under a 2022 precedent shift.
A kosher food caterer for airlines unlawfully refused to provide a UNITE HERE local with requested information about the company's eligibility for a federal assistance program, the National Labor Relations Board concluded, upholding an agency judge's finding that the information is relevant to a minimum wage dispute.
A Texas federal judge should block a National Labor Relations Board case against SpaceX from proceeding while the company challenges the constitutionality of the agency's structure in federal court, SpaceX argued in a brief docketed Tuesday, claiming it has met the criteria for a preliminary injunction.
The National Labor Relations Board's revised joint employer test is not just "logically incoherent" but also violates federal labor law, the attorney for a U.S. Chamber of Commerce-led business coalition argued during marathon Texas federal court arguments Tuesday in a bid to block the impending shift.
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.