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Daily Report Online

In Possible Test of Federal Labor Law, Georgia Could Make It Harder for Some Workers to Join Unions

"They think that they found a loophole, so they want this to be a test case," said Sen. Jason Esteves, an Atlanta Democrat. "They want this to go to court because they're hoping the Supreme Court will allow them to chip away."
5 minute read

New York Law Journal

When Political Discourse Leads to Dismissal

In these polarized times, where many are compelled to use social media and other public platforms to express political views, the interaction of political speech and the workplace is poised to grow increasingly complex. Employers must toe the line between protected employee activity and protecting corporate reputations.
7 minute read

Daily Report Online

Fisher Phillips Acquires Legal Tech Startup, Investing Further Into Tools for HR

"It fits with this idea of giving companies and HR teams sort of an on-demand resource that they have with us," said Jonathan Crook, Fisher Phillips partner and founder of the startup.
4 minute read

Texas Lawyer

Baker Botts Adds Hunton Andrews Labor and Employment Litigator in Houston

Scott Nelson has joined Baker Botts as a partner in the litigation department and head of the labor and employment practice, which he intends to grow.
2 minute read

New York Law Journal

It Happened In a 'Labor Law' Case

The issues Brian J. Shoot discusses in this Construction Accident Litigation column share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.
19 minute read

New York Law Journal

New DOL Regulation on Employees Versus Independent Contractors Restores Multifactor Test While Leaving Some Important Questions Unanswered

On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.
6 minute read

The Recorder

UPS Accused of Failing to Provide Suitable Bathroom Facilities, Ways to Dispose of 'Urine-Filled Containers' for Drivers

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
4 minute read

National Law Journal

Full 5th Circuit Questions Deference to NLRB in Musk's Allegedly Threatening Tweet

Tesla's CEO says his post about employees unionizing was protected speech beyond the labor board's reach.
4 minute read

The Legal Intelligencer

Ex-Public Defender's Sexual Harassment Claims Go to Trial Against Federal Judiciary

What if a complaint asserts that a federal judge or member of the judicial staff engaged in the misconduct? Surely that would be prohibited by federal law, right? How can those allegations, which impact upwards of 30,000 judicial employees, be addressed in such a way as to ensure confidence in the process and to protect an employee who believes he or she was discriminated against?
6 minute read

National Law Journal

Supreme Court Agrees to Hear Starbucks' Appeal in Case of Fired Union Organizers

The justices will consider what test courts should apply in evaluating National Labor Relations Board requests for injunctions for alleged labor law violations.
3 minute read

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