Labor

  • 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    President Joe Biden has withdrawn his nomination of a Cohen Weiss & Simon LLP attorney to lead the Pension Benefit Guaranty Corp., four months after putting her name forward and less than two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.

  • November 13, 2024

    Highway Workers Reach Deal In Misclassification Row

    Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.

  • November 13, 2024

    Pipefitters Union Says Co. Erred By Using Prepiped Boxes

    A mechanical contractor violated a collective bargaining agreement when it purchased prepiped air conditioning equipment, a pipefitters' union argued in a lawsuit filed in Ohio federal court Wednesday, saying the CBA indicated that only union members should perform piping work.

  • November 13, 2024

    Texas Fights Contractor Wage Hike After 9th Circ. Ruling

    The recent Ninth Circuit decision deeming President Joe Biden's increase of federal contractors' hourly minimum wage unlawful clarified that the government's position that it could mandate the hike is absurd, the state of Texas told the Fifth Circuit in its case also challenging the wage hike.

  • November 13, 2024

    NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight

    A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.

  • November 13, 2024

    3 Tips For Addressing Post-Election Workplace Friction

    President-elect Donald Trump’s electoral victory and the policy changes it portends will leave some people exuberant and others furious. Here are three tips employers can use to minimize political friction among workers while staying on the right side of the law.

  • November 13, 2024

    NLRB Outlaws Captive Audience Meetings

    The National Labor Relations Board issued an eagerly awaited decision Wednesday curbing a go-to tactic for employers battling union drives, holding that so-called captive audience meetings violate federal labor law. 

  • November 13, 2024

    MVP: Duane Morris' Gerald L. Maatman Jr.

    Gerald L. Maatman Jr. of Duane Morris LLP has helped his clients fend off potentially catastrophic exposures, including a suit alleging Geico misclassified thousands of insurance agents, by utilizing defense strategies to gut the claims before courts were able to assess the merits of the case, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • 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

    NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.

    The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.

  • 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.

Expert Analysis

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Assessing Work Rules After NLRB Handbook Ruling

    Author Photo

    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • A Look At Global Employee Disconnect Laws For US Counsel

    Author Photo

    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

    Author Photo

    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

    Author Photo

    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.