Labor

  • November 12, 2024

    Hospital Illegally Nixed SEIU Recognition, NLRB Tells 8th Circ.

    The Eighth Circuit must uphold a National Labor Relations Board decision finding a Missouri hospital illegally withdrew a Service Employees International Union affiliate's recognition, the board argued, saying board precedent makes companies wait to pull recognition until the results of an ouster vote are certified.

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Trader Joe's Shut Out Union From Benefits, NLRB Judge Says

    Trader Joe's unlawfully excluded unionized workers in Massachusetts and Minnesota from an improved retirement benefit that was given to nonunion stores, a National Labor Relations Board judge ruled, finding the company committed multiple unfair labor practices to snuff out union organizing.

  • November 12, 2024

    2nd Circ. Rules Against Blue Man Group School In Union Row

    The Second Circuit enforced a National Labor Relations Board order Tuesday that held a now-defunct school started by the Blue Man Group's founders responsible for a labor law violation, upholding the board's decision that the Blue School unlawfully snubbed a United Auto Workers local before closing.

  • November 12, 2024

    Dock Co. Fired Worker Over Wage Talk, NLRB Judge Says

    A Missouri dock-building company violated federal labor law when it fired a worker who had discussed wages with his coworkers, a National Labor Relations Board judge ruled, rejecting the owner's testimony that he fired the worker for poor attendance as inconsistent and illogical.

  • November 12, 2024

    Justices Deny Nurse's Challenge To Labor Preemption

    The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.

  • November 08, 2024

    Old Standard Changes Worker Outburst Case, Co. Tells NLRB

    A rubber manufacturer told the National Labor Relations Board it must dismiss allegations that it unlawfully disciplined a worker who argued with a manager, saying the standard the Fifth Circuit ordered the board to apply on remand fundamentally alters how the board should analyze the case.

  • November 08, 2024

    Navy Contractor's Reprimand Was Illegal, Split NLRB Says

    A U.S. Navy contractor illegally barred a worker from sending emails to colleagues about workplace matters without approval, a divided National Labor Relations Board panel determined Friday, but found the company lawfully fired the employee for passing along scheduling concerns to its client.

  • November 08, 2024

    Gov't Union Continues Organizing Push For DOJ Attys

    Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.

  • November 08, 2024

    NY Forecast: 2nd Circ. Weighs NLRB Constitutionality

    This week, the Second Circuit will consider a nursing home's attempt to block a National Labor Relations Board case against it on the grounds that the agency is unconstitutionally structured. Here, Law360 looks at this and other cases on the docket in New York.

  • November 08, 2024

    9th Circ. Affirms Union Longshoreman's Promotion Denial

    A union-represented longshoreman who left his job to serve in the U.S. Air Force for nine years is ineligible for a promotion he might have received if he served five years or less, the Ninth Circuit affirmed, saying he didn't qualify for an exception to the years requirement.

  • November 08, 2024

    Calif. Forecast: $16M Delta Pay Stubs Deal Heads To Court

    In the coming week, attorneys should keep an eye out for potential final approval of a nearly $16 million settlement for Delta Air Lines flight attendants alleging wage claims. Here's a look at that case and other labor and employment matters coming up in California.

  • November 07, 2024

    NLRB Attys Challenge Lawfulness Of Co.'s Repayment Clause

    A healthcare facility management company violated federal labor law by requiring workers who leave the company within three years to pay back relocation costs and advancements, NLRB prosecutors said in a complaint Law360 obtained Thursday.

  • November 07, 2024

    NLRB Member Praises Off-Site Union Elections In Dissent

    A National Labor Relations Board member said Thursday he's open to giving board officials broader leeway to schedule union representation elections at locations other than a worksite, writing in a dissent that regional directors should balance accessibility concerns with those about the elections' fairness.

  • November 07, 2024

    Teamsters Tell 10th Circ. To Nix Yellow's Contract Claims

    The Tenth Circuit must uphold a district court's decision to dismiss Yellow Corp.'s $137 million lawsuit against the Teamsters, the union said, arguing the business didn't exhaust the grievance process under a contract and can't claim that making such an effort would have been pointless.

  • November 07, 2024

    Bakery Union Local To Hold New Officer Election In DOL Deal

    An Illinois-based Bakery Confectionery Tobacco Workers & Grain Millers local will conduct a new election for three officers and four trustees under the U.S. Department of Labor's supervision, according to a settlement resolving claims that the union didn't properly update members' addresses before sending out ballots.

  • November 07, 2024

    Ariz. Co. Defends Constitution-Based Bid To Halt NLRB Case

    A healthcare system in Maricopa County, Arizona, defended its request to pause a National Labor Relations Board case accusing it of unlawfully firing a worker, saying its Constitution-based arguments against the board's structure rest on solid ground.

  • November 07, 2024

    Union Says DOL Can't Show It Deprived Members Of Vote

    An Amalgamated Transit Union local representing Greyhound bus drivers is fighting the U.S. Department of Labor's push to vacate its officer election results, telling a Georgia federal judge the department has failed to show that people who didn't receive ballots were actually eligible members at the time.

  • November 06, 2024

    Fla. Union Dues Law Halted For Unexpired Deals, Judge Says

    A Florida law's provision banning the deduction of union dues from public employees' paychecks is unconstitutional as to collective bargaining agreements that are still in effect for two Florida teachers unions, a federal judge ruled Wednesday.

  • November 06, 2024

    Legal Support Firm Seeks To Stop NLRB Litigation

    A legal support consulting firm demanded an injunction in Texas federal court to block National Labor Relations Board proceedings against it, pursuing constitutional claims about the agency's structure and alleging the NLRB tried to "bully" the employer into bargaining with an electrical workers union.

  • November 06, 2024

    EEOC, Union Still Can't Get Approval To End 53-Year-Old Suit

    A New York federal judge rejected the latest bid from the U.S. Equal Employment Opportunity Commission and an Ironworkers local for approval of a deal to end a decades-old race bias suit, finding Wednesday they still couldn't provide data showing racial hiring disparities had been eliminated.

  • November 06, 2024

    Alaska Voters On Brink Of Nixing Captive Audience Meetings

    Alaska voters are poised to approve a ballot measure restricting employers from holding so-called captive audience meetings in the state, which would make it the latest state to join a movement limiting the common anti-union tactic and the first to adopt the policy by ballot measure.

  • November 06, 2024

    NJ Nursing Home Loses 2nd Bid To Halt NLRB Suit

    A New Jersey federal judge shot down a nursing home operator's second attempt to use a constitutional argument to block National Labor Relations Board prosecutors from pursuing a case against the company, saying Wednesday that the company's second injunction bid too closely resembled its first failed bid.

  • November 06, 2024

    Amazon Calls For Halt To NLRB Delivery Drivers Proceeding

    Amazon urged a California federal judge to pause a National Labor Relations Board case alleging the e-commerce giant jointly employed its former contractor's Teamster-represented drivers, raising now-familiar claims that removal protections for agency officials violate the U.S. Constitution.

  • November 06, 2024

    Mass. Voters Back Gig Driver Unions, Setting Up Possible Suit

    Massachusetts voters on Tuesday handed Uber and Lyft drivers a novel route to unionization, likely setting up a legal challenge to the measure that experts predict will face an uphill climb.

Expert Analysis

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • 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.