Labor

  • November 18, 2024

    Traffic Co. Fights Result Of Work Assignment Grievance

    A traffic control company has asked an Illinois federal judge to vacate a grievance committee's finding that the company assigned work to the wrong union, saying the union raised the work assignment dispute in the wrong way.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Co. Can't Use Loper Bright To Nix NLRB Order, 11th Circ. Told

    The National Labor Relations Board defended its decision finding a security services contractor couldn't avoid negotiating with a union by claiming bargaining unit members were supervisors, telling the Eleventh Circuit that the U.S. Supreme Court's Loper Bright ruling doesn't mean the end of deference to the board.

  • November 18, 2024

    5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases

    The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.

  • November 18, 2024

    NLRB Beats Back Most Of Hospital's Constitutional Challenge

    The National Labor Relations Board has beaten back most of a Massachusetts hospital's constitutional challenge, with a D.C., federal judge tossing all claims except an allegation that the NLRB's administrative law judges are unconstitutionally shielded from presidential removal.

  • November 18, 2024

    Kinder Morgan Wants Worker Fired, Not Just Suspended

    An arbitrator wrongly ordered that a union-represented worker be merely suspended rather than fired over an accident in which diesel fuel sprayed at a Houston-area export terminal, energy transport company Kinder Morgan argued in Texas federal court, telling the judge to nix the arbitration award.

  • November 15, 2024

    FanDuel Dropped From Suit Over MLB Players' NIL Use

    The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.

  • November 15, 2024

    SEIU Wants To Join Fight To Make Dialysis Center Bargain

    A SEIU affiliate wants to be involved in the legal effort to force a dialysis center operator to bargain with it, asking a California federal judge to let it intervene in a case in which National Labor Relations Board prosecutors are seeking an injunction against the operator.

  • November 15, 2024

    Nonprofit Can't Topple NYC Labor Peace Law, Judge Says

    A New York federal judge dismissed a social services nonprofit's fight against a New York City law requiring contractors to negotiate with unions, finding the organization hasn't shown that federal labor laws preempt the local statute or that constitutional claims would defeat the law.

  • November 15, 2024

    What To Expect As 5th Circ. Mulls NLRB's Constitutionality

    The Fifth Circuit will mull the National Labor Relations Board's constitutionality Monday during arguments in two overlapping appeals that ask whether federal labor law defies the president's powers and infringes on employers' rights. Here, Law360 takes a look at what to expect.

  • November 15, 2024

    Las Vegas HVAC Techs Cleared To Vote On UA Representation

    A group of Las Vegas heating, ventilation and air conditioning service technicians can vote on representation by a United Association local later this month, a National Labor Relations Board official said.

  • November 15, 2024

    MVP: McNicholas & McNicholas' Matthew McNicholas

    This past year, Matthew McNicholas of McNicholas & McNicholas LLP secured a trio of multimillion-dollar verdicts on behalf of police officers who alleged they were mistreated by their departments, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 15, 2024

    NLRB Prosecutors Ask For Bargaining Order In AAA Case

    The AAA motor club unit covering the western U.S. should be forced to go back to the bargaining table with a Teamsters local and reinstate a fired union supporter, National Labor Relations Board prosecutors told a California federal court.

  • November 15, 2024

    UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.

    The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.

  • November 15, 2024

    Biden Withdraws Cohen Weiss Atty's PBGC Nomination

    President Joe Biden has withdrawn his nomination of a Cohen Weiss & Simon LLP attorney to lead the Pension Benefit Guaranty Corp., four months after putting her name forward and less than two weeks after former President Donald Trump secured a return to the White House.

  • November 15, 2024

    Calif. Forecast: Vision Care Co. Could Pay $3.5M In Wage Deal

    In the coming week, attorneys should watch for the potential final approval of a nearly $3.5 million deal in a wage and hour class action involving entities operating a vision care health insurance company. Here's a look at that case and other labor and employment matters on deck in California.

  • November 14, 2024

    NLRB's Captive Audience Shift Impactful, At Least For Now

    The National Labor Relations Board's decision finding so-called captive audience meetings violate federal labor law dealt organized labor a long-awaited win against one of the most common tools in employers' campaigns against unions, and experts said the decision will be impactful even if the precedent it establishes faces an uncertain future.

  • November 14, 2024

    NLRB GC Talks Legacy With ABA As Term Nears Likely End

    National Labor Relations Board general counsel Jennifer Abruzzo and the labor bar bid each other an implicit farewell at an American Bar Association panel Thursday in Manhattan covering her groundbreaking theories, her legacy and what she wants from the board's Democratic majority in its remaining time at the helm.

  • November 14, 2024

    NLRB Office Denied Injunction Against Valet Parking Co.

    A New York federal judge shot down a National Labor Relations Board office's request for an injunction against a Long Island hospital's valet parking contractor Thursday, saying the office failed to prove irreparable harm would occur if the contractor wasn't compelled to hire the previous contractor's union-represented staff.

  • November 14, 2024

    NLRB Members Spar Over Fresh Precedent Shifts At Panel

    Deep disagreements about employers' rights under federal labor law leaped out of the federal record and into real life Thursday as the members of the National Labor Relations Board debated two decisions restricting anti-union campaigning at the American Bar Association's annual Labor and Employment Law Conference in Manhattan.

  • November 14, 2024

    UPS Driver's Class Claims Can Stay In Court, Judge Says

    UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.

  • November 14, 2024

    NLRB's Dues Reimbursement Order Must Stand, 8th Circ. Told

    The National Labor Relations Board rightly ordered a hospital to reimburse a Service Employees International Union affiliate for dues that weren't deducted before a decertification vote was certified, the union told the Eighth Circuit, urging the court to enforce the board's decision.

  • November 14, 2024

    Teamsters Look To Ax Indiana UPS Manager's Race Bias Suit

    A UPS manager can't move forward with a discrimination lawsuit against an Indianapolis Teamsters local because the union doesn't represent or employ him, the union told an Indiana federal judge, asking him to toss the suit.

  • November 14, 2024

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, a partner at Gibson Dunn & Crutcher LLP, secured rulings from the bench in a case about his client Fearless Foundation's awarding of grants to Black female entrepreneurs and in another dispute representing DraftKings as the company sought to stop a former executive from soliciting customers ahead of the Super Bowl, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 13, 2024

    News Org., NLRB Notch Deal Nixing Separation Pact Clauses

    A news organization and National Labor Relations Board attorneys reached a settlement requiring the nonprofit to drop allegedly unlawful confidentiality and nondisparagement provisions in its separation agreements, according to a copy of the deal docketed on the agency's website Wednesday, with board attorneys securing nationwide remedies.

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

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