News & Analysis as of

Labor Disputes Employment Litigation

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Foley Hoag LLP

The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

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On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

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The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

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In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Epstein Becker & Green

N.J. Supreme Court Bans Broad “Non-Disparagement” Provisions in Agreements Settling Employment Discrimination, Harassment, and...

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In 2019, in response to the “#MeToo” movement, the New Jersey Legislature enacted a law that made any “non-disclosure provision” in an employment contract or settlement agreement unenforceable against the employee, if the...more

Ius Laboris

Crossborder dispute rules

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The EU ‘Brussels I-bis’ regulation designates which country’s court has jurisdiction in international situations. It contains specific procedural rules for employment disputes....more

A&O Shearman

Social Elections 2024: How to determine the technical business unit for the upcoming Belgian social elections in 2024

A&O Shearman on

Determining the TBU at the start of the social elections process. The 2024 social elections are scheduled for 13-26 May, when workers will elect their representatives on the works council and the health and safety...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Sheppard Mullin Richter & Hampton LLP

Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties

In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more

Littler

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

Littler on

In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Hogan Lovells

The Ministry of Human Resources and Social Security and the Supreme People’s Court Jointly issue the First Batch of Typical Cases...

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China’s regulator in charge of employment issues, the Ministry of Human Resources and Social Security, and the Supreme People’s Court of China jointly published the Typical Cases of Labour and Personnel Disputes (First Batch)...more

Hogan Lovells

Strategic litigation considerations for employers in light of the Virginia Values Act

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As explained in greater detail in a prior alert, Virginia has enacted a number of new employment laws that increase employee rights and protections. Most of these new laws took effect on July 1, 2020....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Taiwan’s New Labour Incident Act Places Burden of Proof on Employers in Employment Disputes

Taiwan’s new Labour Incident Act (LIA) came into effect on 1 January 2020, representing a major overhaul of how labour disputes are handled. The LIA aims to strengthen protection for employees by simplifying access to the...more

Carlton Fields

District Court Compels Arbitration for Claims Against Supervisor Despite Plaintiff’s Claims Regarding Never Seeing or Signing...

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The U.S. District Court for the District of Nebraska recently granted a defendant’s motion to compel arbitration despite a plaintiff’s claims that she had never seen or signed the employment agreement containing the...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

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While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Fisher Phillips

Jury Shocker: 93 Million Reasons Why The ILWU May Soon Cease To Exist

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A recent $93.6 million verdict from an Oregon jury has the potential to bankrupt a union that some describe as one of the strongest and most militant in the United States—the International Longshore and Warehouse Union...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Business Fights NLRB to the Eighth Circuit

A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in...more

Seyfarth Shaw LLP

Arbitration And The Increasingly Political Judiciary—Should Employers (And Employees) See Arbitration As The More Neutral Forum?

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Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims...more

Polsinelli

Caution: Conferring Benefits to Employees May Be An Unfair Labor Practice

Polsinelli on

Two recent decisions illustrate that the provision of benefits to employees prior to or during a union organizing campaign may violate the National Labor Relations Act (“NLRA” or “Act”)....more

Hogan Lovells

South African employment litigation

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Employment disputes quickly become expensive, are long-drawn and have the ability to cause reputational risk to both disputing parties. More often than not, even settlement agreements intended to resolve the dispute – which...more

Seyfarth Shaw LLP

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

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