Labor

  • August 21, 2024

    Starbucks' Evidence Spat Challenge Is Untimely, NLRB Says

    Starbucks delayed its challenge of an administrative law judge's decision allowing the National Labor Relations Board general counsel to present evidence relevant to an injunction proceeding, a split NLRB panel determined in a case involving claims that the coffee chain illegally suspended workers in South Carolina.

  • August 20, 2024

    Calif. Teamsters Ex-Official Can Pursue Retaliation Claims

    A California federal judge said she can't oversee claims that Teamsters Local 150's process for nominating and electing officials is "rigged to crush dissent," but she can oversee a former official's claim that he was excluded from a slate of candidates as retaliation for critiquing a colleague, the judge ruled Tuesday.

  • August 20, 2024

    NLRB Official OKs UAW Vote At Reentry Services Nonprofit

    Attorneys and other staff at a nonprofit providing legal services to people leaving prison can vote on whether they want a United Auto Workers affiliate to represent them, a National Labor Relations Board regional director concluded, nixing the organization's claims that some employees are supervisors who can't unionize.

  • August 20, 2024

    NLRB's Damages Remedy Bid Unconstitutional, Nexstar Says

    Nexstar Media Group Inc. called for an Ohio federal court Tuesday to pause National Labor Relations Board proceedings against it involving an Ohio television station, alleging the agency's pursuit of consequential damages without a jury trial violates the Seventh Amendment.

  • August 20, 2024

    NLRB Official Says Facts Are Solid In Hospital Injunction Fight

    A National Labor Relations Board official is fighting the claim that her request for an injunction compelling a Michigan hospital to resume recognizing a union is light on evidentiary support, saying the hospital's attempt to contest the facts of the case falls flat.

  • August 20, 2024

    7th Circ. Reverses Sysco Win Over Teamsters Grievance

    The Seventh Circuit ordered arbitration Tuesday of a grievance over early retirement benefits that Sysco Indianapolis LLC wanted to be heard in federal court, reversing a trial judge who concluded the dispute was governed by terms outside the bargaining agreement.

  • August 20, 2024

    NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims

    The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.

  • August 20, 2024

    NRTW-Repped Worker Challenges Labor Board's Structure

    A worker represented by the National Right to Work Foundation asked a D.C. federal judge to pause his unfair labor practice case against his union while he challenges the National Labor Relations Board's structure, placing another constitutional challenge atop a growing pile faced by the agency.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 19, 2024

    Hospital Says NLRB Injunction Bid Relies On Disputed Facts

    A National Labor Relations Board official's request for an injunction compelling a Michigan hospital to resume recognizing a Service Employees International Union affiliate is short on uncontested facts and heavy on pressure to adopt the official's findings, the hospital argued Monday, urging a federal judge to deny the request.

  • August 19, 2024

    17,000 AT&T Workers On Strike Across Southern States

    Thousands of unionized AT&T workers in the Southeast are still on the picket line after beginning a strike last week, the Communications Workers of America announced Monday, alleging the company hasn't bargained in good faith.

  • August 19, 2024

    NLRB Official OKs Vote To Expand Planned Parenthood Union

    The lead clinicians at a group of Planned Parenthood facilities in Northern California can vote on representation by the Service Employees International Union local that represents their colleagues, a National Labor Relations Board official said Monday, rejecting the nonprofit's argument that the workers are union-ineligible supervisors.

  • August 19, 2024

    Builders Want 6th Circ. Nix Of NLRB Captive Meeting Memo

    The National Labor Relations Board general counsel's memorandum saying so-called captive audience meetings are unlawful is a "censorship scheme," the Associated Builders and Contractors of Michigan argued to the Sixth Circuit, seeking reversal of a lower court ruling that tossed the group's First Amendment claims.

  • August 19, 2024

    NLRB Won't Reverse Union's Win At Hot Dog Co.

    Workers at a Chicago-area hot dog production facility can continue to be represented by the Iron Workers, the National Labor Relations Board ruled, rejecting their employer's challenge to the union's 28-20 win in a representation election last year.

  • August 19, 2024

    DTE Energy Looks To Sink Workers' Login Pay Suit

    Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.

  • August 16, 2024

    Harris' Surge Renews Labor Advocates' White House Hopes

    Vice President Kamala Harris' emergence as the Democrats' nominee for president has drawn the race to a dead heat, easing labor advocates' worries of former President Donald Trump retaking the White House and frustrating management's hopes for a quick return to pro-business labor policies.

  • August 16, 2024

    Feds Drop Extortion Case Against Convicted Ex-Labor Leader

    Federal prosecutors want to dismiss their extortion case against former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement and sentenced to six years in prison, but whose trial on charges related to allegedly threatening a contractor ended with a hung jury.

  • August 16, 2024

    Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit

    A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.

  • August 16, 2024

    Judge Bounces Bad Bunny Sports Agency Suit To Arbitration

    The sports agency linked to music megastar Bad Bunny must arbitrate its dispute over certification of its agents with the Major League Baseball Players Association, after a Puerto Rico federal judge ruled the union's arbitration language is valid.

  • August 16, 2024

    6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row

    The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.

  • August 16, 2024

    UAW Defends Handling Of Grievance In Race Bias Lawsuit

    The United Auto Workers asked an Ohio federal judge to toss a Black member's claim that the union insufficiently fought his discharge from Howmet Aerospace Inc. because of his race, saying the worker failed to show the union unfairly handled the firing grievance.

  • August 16, 2024

    Calif. Forecast: Liberty Mutual $3M Deal Up For Approval

    In the coming week, attorneys should keep an eye out for potential final approval of a $3.125 million settlement in a wage and hour class action against Liberty Mutual. Here's a look at that case and other labor and employment matters coming up in California.

  • August 16, 2024

    New Union Vote Isn't Justified At BJ's Store, NLRB Judge Says

    Statements from management at a BJ's Wholesale Club Inc. store in Brooklyn during a union drive do not warrant a rerun election, a National Labor Relations Board judge concluded, saying the comments hadn't spread to other workers in the bargaining unit.

  • August 16, 2024

    Breaks In Union Work Axed Mechanic's Pension, Judge Says

    A longtime mechanic forfeited his union pension by taking two multi-year breaks from accepting union-covered work, an Illinois federal judge ruled, siding with a union pension fund in its dispute with the mechanic over his pension eligibility.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

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