SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.
The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.
A Sixth Circuit panel is prepared to review a National Labor Relations Board decision that held employers violate federal labor law by offering severance agreements with overly broad confidentiality and nondisparagement clauses, a closely watched argument over a precedent shift that experts said has had major effects on employers.
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SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.
The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.
A Sixth Circuit panel is prepared to review a National Labor Relations Board decision that held employers violate federal labor law by offering severance agreements with overly broad confidentiality and nondisparagement clauses, a closely watched argument over a precedent shift that experts said has had major effects on employers.
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May 01, 2024
Amazon CEO Andy Jassy violated federal labor law by making public predictions that workers looking to unionize would be "better off not doing so," a National Labor Relations Board judge ruled Wednesday, but determined Jassy's comments that unionization would change workers' relationship with the company were lawful.
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May 01, 2024
The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.
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May 01, 2024
National Labor Relations Board attorneys requested a federal court injunction to make a Michigan hospital bargain with a Service Employees International Union affiliate, alleging the hospital aided decertification efforts and withdrew recognition from the union.
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May 01, 2024
An energy company that took over a Shell oil refinery isn't liable for back pay owed to a worker wrongly fired before the sale, the company told a Washington federal judge, saying it didn't absorb Shell's legal obligations.
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May 01, 2024
A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.
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May 01, 2024
The former operator of a shuttered Marriott hotel in Manhattan asked a New York federal judge to stop the city from using a now-ineffective severance law to force it to pay $6 million to a hotel workers union, saying it satisfied its closure-related obligations through a previous $12 million payment.
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May 01, 2024
A National Labor Relations Board judge asked agency prosecutors Wednesday to show cause related to a request from Starbucks and Workers United to postpone hearing dates this month over refusal to bargain claims, while the parties mention ongoing talks to settle board litigation.
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May 01, 2024
Amazon asked a New York federal judge to reject requests for information about its Staten Island facility workers in a dispute over leadership of the Amazon Labor Union, calling them "an improper collateral attack" on its ability to contest the results of the union's election win.
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May 01, 2024
The University of Southern California violated federal labor law by having union members who protested in support of a ceasefire in Gaza arrested, a United Auto Workers affiliate representing graduate student workers said.
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May 01, 2024
Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.
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May 01, 2024
A Puerto Rico beverage distributor violated federal labor law by placing an employee union leader on six months of unpaid leave and prematurely declaring an impasse in bargaining, the National Labor Relations Board ruled, upholding an August decision from an agency judge.
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April 30, 2024
The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.
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April 30, 2024
Fiat Chrysler and a United Auto Workers local have agreed to resolve a former worker's lawsuit alleging she was fired for complaining about anti-gay harassment she faced and her union didn't adequately pursue her grievance, according to a filing in Michigan federal court.
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April 30, 2024
Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.
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April 30, 2024
The D.C. Circuit will continue adjudicating Google's challenge to the unionization of its subsidiary YouTube Music, rejecting on Tuesday a request by the company and its contractor Cognizant to transfer the case to the Fifth Circuit.
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April 30, 2024
The Service Employees International Union invoked the nationwide organizing campaign at Starbucks stores in a request for the Ninth Circuit to back a National Labor Relations Board precedent shift for bargaining orders, arguing the new standard will help deter labor law violations.
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April 30, 2024
ExxonMobil asked the Fifth Circuit to overturn a National Labor Relations Board decision finding the oil giant unlawfully refused to bargain with a union, saying the NLRB erred by vacating the company's 2020 win in the case after uncovering a Trump-era board member's financial ties to ExxonMobil.
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April 29, 2024
Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."
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April 29, 2024
A Connecticut law that lets workers skip employers' meetings to discuss unionization violates employers' right to free speech, a coalition of business groups argued in Connecticut federal court, seeking a pretrial win on allegations that the law violates the U.S. Constitution and federal labor law.
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April 29, 2024
Amtrak is urging a Connecticut federal judge to let it out of a Black conductor's lawsuit alleging she was passed over for union committee assignments in favor of less experienced white men and harassed by a superior after she complained, saying her gripes should be directed solely at the union.
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April 29, 2024
The U.S. Department of Labor issued guidance Monday on how employers can carefully use artificial intelligence, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.
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April 29, 2024
An Illinois federal judge has rejected a class certification bid in a suit against drugmaker Mallinckrodt and prescription delivery platform Express Scripts, ruling that the plaintiffs were unable to meet their predominance burden as a class.
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April 29, 2024
A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.
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April 29, 2024
A union steward acted in good faith when suggesting that if a transportation company fired an employee who slapped her co-worker, it should also fire the co-worker for provoking her, a split National Labor Relations Board found, saying the suggestion wasn't a betrayal but a strategy to discourage firings.
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April 26, 2024
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.