Labor

  • August 26, 2024

    Fla. Calls DOL Threat Over Transit Funding Unconstitutional

    Florida asked a federal judge Monday for a win in its suit against the U.S. Department of Labor, arguing that the department's threat to withhold more than $800 million in funds for transportation infrastructure because of a new law cracking down on public-sector labor power is unconstitutional.

  • August 26, 2024

    NLRB Official Approves Union Vote At Mo. Cannabis Co.

    The head of the National Labor Relations Board's St. Louis office has greenlighted 70 workers at a northwestern Missouri cannabis company to vote on representation by a Teamsters local, rejecting the company's argument that workers in its manufacturing department don't belong in the voting pool.

  • August 26, 2024

    Teamsters Unit Can't Raise Md. WARN Act Claim, Judge Says

    A Teamsters affiliate doesn't have an avenue to bring a Maryland WARN Act claim against two companies involved with automobile distribution, a federal judge concluded Monday, saying the state Legislature didn't intend to have an implied private right of action in the law.

  • August 26, 2024

    NLRB Settlement Ends Mo. Bank's Constitutionality Challenge

    A Missouri bank withdrew its challenge to the National Labor Relations Board's constitutionality in Missouri federal court Monday, saying it settled the unfair labor practice case that gave rise to the lawsuit.

  • August 26, 2024

    UNITE HERE Calls Tribe's Bid To Nix Arbitration Award Flawed

    A Native American tribe's attempt to escape a memorandum of agreement with UNITE HERE is "riddled with procedural and substantive flaws," the union has argued, asking a California federal judge to toss the tribe's bid to vacate an arbitration award requiring the tribe to comply with the pact.

  • August 26, 2024

    NLRB Attys Say Chipotle Denied Raises To Union Workers

    National Labor Relations Board prosecutors found merit to a Teamsters local's claim that Chipotle unlawfully withheld raises from unionized employees at a store in Michigan, setting up a potential administrative suit against the fast food chain.

  • August 26, 2024

    Adhesive Co. Had Unlawful Posting, Access Rules, NLRB Says

    An adhesive tape manufacturer violated federal labor law by maintaining rules concerning workers' postings and access to the business' property, the National Labor Relations Board determined, while approving a company rule prohibiting the use of the employer's phones for personal calls.

  • August 26, 2024

    New Jersey Cases Attorneys Are Watching In 2024

    Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.

  • August 23, 2024

    Ex-Union Officials Embezzled Millions For Years, DOJ Says

    Two ex-presidents of the International Brotherhood of Boilermakers and former high-ranking union officials played a role in a $20 million embezzlement scheme for more than a decade, the U.S. Department of Justice alleged in Kansas federal court, saying union funds were spent on vacation payouts, rent and international trips.

  • August 23, 2024

    Transport Co.'s Union Pushback Flouted Law, Judge Says

    A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.

  • August 23, 2024

    Attys' Fee Request 'Exorbitant' In Pay Bias Spat, NYC Says

    New York City urged a federal court Friday to reject attorneys' $8 million fee request for representing white fire protection inspectors who claimed they were subjected to the same racist pay disparities their nonwhite colleagues alleged they faced, saying it would divert too much money away from the workers.

  • August 23, 2024

    One Year In, NLRB's Cemex Rule Lives Up To Its Billing

    A year of litigation under the National Labor Relations Board's eased standard for when it orders employers to bargain with unions over unfair labor practices has shown that the decision is every bit the consequential shift in labor law that experts predicted it would be.

  • August 23, 2024

    Longshoremen's Union Defeats Fair Representation Claims

    An International Longshoremen's Association local has defeated three members' accusations that it breached its duty of fair representation by funneling work opportunities to union leaders' family and friends, with a Georgia federal judge ruling the allegations were based on speculation.

  • August 23, 2024

    Chapter 11 Check-In: Yellow Corp.'s $1.5B Bankruptcy

    It's been more than a year since national trucking giant Yellow Corp. landed in Delaware's bankruptcy court following contentious union negotiations. Despite pulling in over $2 billion from asset sales and paying off $1.5 billion in debt, Yellow's road out of Chapter 11 has been stalled by high-stakes litigation and claims disputes.

  • August 23, 2024

    Workers Ask 6th Circ. To Remand UAW Bribery Scheme Row

    A group of engineers urged the Sixth Circuit to make a lower court send their fraud and civil conspiracy claims against the United Auto Workers and Fiat Chrysler back to Michigan state court, arguing they fall under state law and do not require interpretation of a labor contract.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    1st Circ. Says Longshoremen Local Still On Hook For $1.7M

    The International Longshoreman's Association pension fund is entitled to collect nearly $1.7 million in unpaid contributions and attorney fees from a union local in San Juan, Puerto Rico, following a merger with another local that had been in arrears, the First Circuit has ruled.

  • August 23, 2024

    Union 401(k) Plan Trustees Strike $5M Deal To End ERISA Suit

    Two elevator workers asked a Pennsylvania federal court to sign off on a $5 million settlement that would wrap up a proposed class action alleging their union's retirement plan was loaded with excessive administrative fees and shoddy investment options.

  • August 23, 2024

    Calif. Forecast: Court To Weigh $4M Insurance Co. Wage Deal

    In the coming week, attorneys should watch for the potential final sign-off on a $4 million deal to resolve a wage and hour class action against Arthur J. Gallagher Service Co. LLC. Here's a look at that case and other labor and employment matters on deck in California.

  • August 22, 2024

    NLRB Stops Accepting Consent Orders That Parties Oppose

    The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.

  • August 22, 2024

    Prosecutors Urge NLRB To Widen Supervisor Firing Exception

    National Labor Relations Board prosecutors on Thursday urged the board to broaden an exception to the rule that federal labor law does not shield managers from firing, arguing such punishments are illegal when they're meant to stop nonmanagers from organizing.

  • August 22, 2024

    Labor Board's LA Office Says Amazon Jointly Employs Drivers

    Amazon exercised enough control over its contracted Southern California delivery drivers' work conditions to be considered their joint employer, the National Labor Relations Board's Los Angeles office said Thursday, announcing plans to pursue a case that could clear the way for the retail giant's drivers to unionize.

  • August 22, 2024

    Philly Contractor Gets Probation For Taking Union Money

    A Philadelphia contractor who accepted union money embezzled by John Dougherty, former business manager of the International Brotherhood of Electrical Workers Local 98, to renovate the labor leader's personal properties was sentenced to three years of probation Thursday.

  • August 22, 2024

    Ala. Bar Did Not Make BLM Supporters Quit, NLRB Says

    A bar in Birmingham, Alabama, did not unlawfully force out employees who went to Black Lives Matter protests in 2020, the National Relations Board ruled, supporting an agency judge's conclusions that the workers weren't taking part in protected concerted activities.

  • August 22, 2024

    Kroger-Albertsons Wrong On Labor Law In FTC Row: NLRB

    The National Labor Relations Board used an amicus brief Wednesday to call out Kroger and Albertsons for their "mistaken" citation to labor law as a defense against Federal Trade Commission claims that the grocery giants' $25 billion megamerger threatens union bargaining leverage.

Expert Analysis

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

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