Labor

  • August 12, 2024

    NLRB Official Says Justices' Ruling Doesn't Ax Injunction Bid

    The U.S. Supreme Court's decision to nix a two-part legal test available to National Labor Relations Board prosecutors pursuing injunctions in some circuits and standardize the use of a four-part test will not diminish prosecutors' likelihood of winning an injunction against a Michigan hospital, an NLRB official argued.

  • August 12, 2024

    NLRB Splits Over Ouster Bid For 1 Worker Unit At Metal Co.

    A decertification petition from the sole worker in a bargaining unit at an architectural metal maker should remain dismissed, a divided National Labor Relations Board panel determined, with the board's lone Republican saying the election bid was wrongly nixed in light of pending unfair labor practice claims.

  • August 12, 2024

    Ex-NLRB Atty Rejoins Ballard Spahr From Miles & Stockbridge

    A former National Labor Relations Board lawyer is returning to Ballard Spahr LLP after a stint with Miles & Stockbridge PC, the firm announced Monday.

  • August 12, 2024

    Firefighter Union President Says City Retaliated Against Him

    A High Point, North Carolina, firefighter who leads his department's union said he's faced serious retaliation from higher-ups for standing up for workers' rights and is now at risk of losing his job for his advocacy work, according to a new lawsuit in North Carolina federal court.

  • August 09, 2024

    Lifting Of Worker Suspension​​ Upheld In Hospital-Union Fight

    A healthcare union has scored a victory against an Ohio hospital that suspended one of its attendants after he tested positive for cannabis, with a federal judge ruling that an arbitration decision upending the disciplinary action was totally valid.

  • August 09, 2024

    NLRB's Stricter Work Rules Test Already Showing Effects

    Employers have had a harder time defending their workplace rules in the year since the National Labor Relations Board reworked its test for when rules unlawfully restrict workers' organizing rights, experts said, as they wait for more litigation to clarify what falls within the rule's stricter limitations.

  • August 09, 2024

    DC Circ. Says Mining Cos. Can't Appeal Retiree Health Win

    Four former subsidiaries of the now-defunct coal company Consol Energy Inc. can't challenge an arbitration award that banned unilateral changes to union-represented retirees' health benefits plan, the D.C. Circuit held Friday, saying the ex-subsidiaries weren't parties to the award and aren't injured by it.

  • August 09, 2024

    Appeals Board Says BAE Not Owed $21M Pension Cost Claim

    The Armed Services Board of Contract Appeals rejected BAE Systems' $20.8 million appeal over costs related to withdrawing from a union pension plan at the end of a U.S. Air Force contract, saying the contract did not cover those costs.

  • August 09, 2024

    5th Circ. Blocks Transfer Of SpaceX NLRB Suit

    The Fifth Circuit blocked an order transferring SpaceX's first constitutional challenge to the National Labor Relations Board's powers and protections while it considers whether the district judge wrongly withheld an injunction blocking an agency prosecution.

  • August 09, 2024

    Starbucks Union Can Press Late Vote Objection, NLRB Says

    Workers United will get a chance to challenge a close representation election loss at a Washington Starbucks after the National Labor Relations Board excused the union for missing its filing deadline by a day because of an agency mistake.

  • August 09, 2024

    Calif. Forecast: Pilots Want Wage Deal Cleared For Takeoff

    In the coming week, attorneys should watch for potential preliminary approval of a $16.65 million settlement in a wage and hour suit by pilots. Here's a look at that case and other labor and employment matters on deck in California.

  • August 09, 2024

    NLRB Judge OKs Deal In Starbucks Virtual Bargaining Case

    Starbucks has settled accusations that it bargained in bad faith at over 300 stores by refusing to accommodate virtual bargaining sessions, with a National Labor Relations Board judge approving a settlement in which the company and Workers United agreed to "give reasonable consideration" to each other's bargaining method preferences.

  • August 09, 2024

    Full 2nd Circ. Axes Producer's Bid To Revive Blacklisting Suit

    The Second Circuit won't take a second whack at its ruling that a stage workers union can't be held liable under antitrust laws for discouraging members from working with a Broadway producer following complaints about unpaid wages.

  • August 09, 2024

    NY Forecast: Judge Weighs Injunction In Hospital Bias Row

    This week, a New York federal judge will consider a professor's request for an injunction blocking the University of Rochester from revoking her clinical privileges while she pursues a racial bias lawsuit against the school. Here, Law360 explores this and another employment case on the docket in New York.

  • August 09, 2024

    Former K&L Gates Attorney Finds Purpose At Fairness Center

    More than a month into his role as managing attorney for the nonprofit the Fairness Center, former K&L Gates LLP partner Anthony Holtzman feels assured that he left his old firm, where he worked for nearly 20 years, to help advance a mission he believes in: representing workers in challenges against public-sector unions.

  • August 08, 2024

    Amazon Actors' Overtime Dispute Can Go Back To State Court

    A background actor can take her unpaid wages class action against Amazon Studios back to state court, a California federal judge concluded, finding federal labor law doesn't preempt the claims, which involved the payment of hourly rates that didn't fall under collective bargaining agreements with SAG-AFTRA.

  • August 08, 2024

    Employers Open Debate Over NLRB Deference Post-Loper

    The U.S. Supreme Court invited judges to more closely scrutinize decisions of the National Labor Relations Board and other federal agencies in its June decision ditching so-called Chevron deference. Employers have already begun testing the breadth of this invitation.

  • August 08, 2024

    Starbucks Says ALJ's Ruling Illegally Limits Employer Speech

    Starbucks asked the National Labor Relations Board to review an agency judge's decision finding the company committed numerous labor law violations in response to organizing at its cafes near Phoenix, saying the board's recent decision tightening scrutiny of workplace rules unconstitutionally restricts employer speech.

  • August 08, 2024

    Tribe Must Arbitrate Union Card Check Dispute, Judge Says

    A California tribe that owns a casino must go to arbitration with UNITE HERE over a spat concerning a representation process with a card check procedure, a federal district court has determined, saying the parties agreed to arbitrate disputes about interpretations of a 2017 accord.

  • August 08, 2024

    Teamsters OK To Picket By Amazon Hub At Cincinnati Airport

    The Teamsters can picket around the Amazon Air Hub at Cincinnati/Northern Kentucky International Airport, a federal judge ruled, issuing an order that stops an airport board from denying the union access to a picketing area along a public road given First Amendment considerations.

  • August 08, 2024

    House Panel Says DOL Stonewalling On Contractor Probe Info

    A U.S. House of Representatives Committee on Thursday criticized the U.S. Department of Labor's stance on independent contractor misclassification, saying the agency hasn't provided enough information on its worker classification investigations.

  • August 07, 2024

    ACLU Unlawfully Fired Outspoken Atty, NLRB Judge Says

    The American Civil Liberties Union violated federal labor law by firing an attorney who spoke out against her bosses on social media, a National Labor Relations Board judge ruled Wednesday, saying the online posts were protected under federal labor law.

  • August 07, 2024

    Republican Lawmakers Target Union Pension Overpayments

    Two struggling union pension plans have returned excess bailout funds they received because deceased pensioners weren't removed from their directories, but the Pension Benefit Guaranty Corp. hasn't said whether 60 other plans with deceased pensioners in their directories returned any extra funds, two Republican congresspeople said.

  • August 07, 2024

    NTSB Hearing Probes FAA Review, Boeing Quality Control

    The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.

  • August 07, 2024

    SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit

    SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.

Expert Analysis

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

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