Labor

  • October 16, 2024

    Union Healthcare Fund Asks Court For $3.6M From Suit Co.

    A Rochester, New York, suit manufacturer stiffed a union healthcare fund and then lied about efforts to pay off its $3.6 million in debt, the fund claimed in New York federal court, asking the court to award it the money before the case advances to trial.

  • October 16, 2024

    Co.'s Deal Stands Despite Illegal Rules, NLRB Judge Says

    The fact that a logistics company maintained unlawful rules for employees does not justify setting aside a settlement of unfair labor practice claims from the United Steelworkers, a National Labor Relations Board judge ruled, tossing most of the union's allegations that the company violated federal labor law.

  • October 16, 2024

    Business Groups Back Amazon's 5th Circ. NLRB Challenge

    A coalition of business groups filed an amicus brief backing Amazon's Fifth Circuit challenge to the National Labor Relations Board's constitutionality, saying the board's members have unconstitutional job protections because they are "experts in nothing but the board's own internal rules."

  • October 16, 2024

    Ashland U. General Counsel Joins Ogletree In Ohio

    The general counsel of Ashland University, a private university in Ohio, has made the move to private practice at Ogletree Deakins Nash Smoak & Stewart PC.

  • October 15, 2024

    Kirkland-Led Boeing Seeks Up To $35B Amid Labor Strike

    Boeing notified regulators on Tuesday of plans to raise up to $35 billion through securities offerings and a credit agreement, guided by Kirkland & Ellis LLP, as the aviation giant seeks access to cash amid a prolonged strike and production cuts.

  • October 15, 2024

    Union Can't Sue Airline Without Fired Workers, Judge Says

    A Minnesota federal judge has trimmed a Teamsters lawsuit accusing Sun Country Airlines of firing two employees for their union organizing work, saying Tuesday that the workers must be parties to the suit for certain claims to proceed.

  • October 15, 2024

    NLRB Union Election Petitions Jump 27% In FY 2024

    The National Labor Relations Board saw a bump in representation election petitions and unfair labor practice charges filed during the past fiscal year, the agency announced, highlighting a doubling of election petition filings since fiscal year 2021.

  • October 15, 2024

    Ex-FCA Exec's Wife Must Turn Over Notes In GM RICO Suit

    A Michigan state judge said Tuesday that the wife of a former Fiat Chrysler executive accused of participating in a bribery scheme must turn over notes she took about their conversations, ruling that a state law protecting spouses from testifying against each other only applies to in-court testimony.

  • October 15, 2024

    Abruzzo Sees 'Chaos' If NLRB Isn't Allowed To Function

    The National Labor Relations Board's top prosecutor said Tuesday that there would be "chaos" if the agency isn't permitted to do its job, addressing recent attacks from employers about the constitutionality of the board and her vision of federal labor law being a "pro-worker statute."

  • October 15, 2024

    Construction Co. Gets Worker's Wage Suit Sent To Arbitration

    A California federal judge shipped a worker's wage and hour proposed class action to arbitration, saying a construction company's collective bargaining agreement requires he waive his Private Attorneys General Act claim and proceed individually on his allegations.

  • October 15, 2024

    Justices Deny Auto Parts Co.'s Appeal Of Bargaining Order

    The U.S. Supreme Court passed on the opportunity Tuesday to review the District of Columbia Circuit's holding that a Michigan auto parts manufacturer unlawfully withdrew recognition from a United Auto Workers local and must bargain with it.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    School Lunch Co. Didn't Need to Bargain, NLRB Judge Says

    A school lunch company didn't need to bargain with a UNITE HERE local after stepping in for another company that voluntarily recognized the union, a National Labor Relations Board judge ruled, saying the predecessor's recognition of the union wasn't valid.

  • October 15, 2024

    High Court Rejects Emergency NLRB Constitutional Challenge

    In the first case related to the National Labor Relations Board's constitutionality to reach the U.S. Supreme Court, Justice Brett Kavanaugh on Tuesday denied a car parts maker an emergency injunction that would've blocked the agency from pursuing a labor lawsuit.

  • October 11, 2024

    Boeing Cuts 17K Jobs, Hits Union With Bargaining Charges

    Boeing's new chief executive on Friday said the aerospace giant will cut its workforce by about 17,000 jobs as part of a restructuring effort as the company enters a new chapter of regulatory scrutiny and production delays, a day after accusing the union representing striking factory workers of bad-faith bargaining.

  • October 11, 2024

    Unions Say EPA Rule Contains Protective Wear Loophole

    Two major trade unions told the D.C. Circuit that the U.S. Environmental Protection Agency promulgated a rule that lets the agency consider the use of personal protective equipment when conducting risk evaluations, in violation of federal law.

  • October 11, 2024

    Seattle Police Guild Tells Judge Shooting Didn't Warrant Firing

    A Seattle police officers' union argued in Washington state court on Friday a former cop acted reasonably when she shot at a suspect fleeing in a stolen vehicle, defending an arbitrator's decision to downgrade her firing to a 60-day suspension amid a challenge by the city.

  • October 11, 2024

    Data Co. Had Unlawful Provisions In Pacts, NLRB Judge Says

    An information technology service company illegally maintained provisions in its employment and separation agreements that could discourage workers from exercising their rights under federal labor law, a National Labor Relations Board judge ruled, telling the business to walk back some portions of the pacts.

  • October 11, 2024

    Starbucks Changed Back Room Access, NLRB Judge Says

    Starbucks violated federal labor law by more strictly enforcing several policies at two California cafes after workers organized with a union, a National Labor Relations Board judge ruled, including barring off-duty workers from accessing back areas of the store.

  • October 11, 2024

    NLRB Hits Apple With Complaint Over Worker Surveillance

    Apple interrogated workers who spoke to reporters about the company or posted about it on social media, then fired a worker who repeatedly raised concerns, the National Labor Relations Board said in a complaint.

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    Telecom Co. Illegally Denied Union Unit Work Info, NLRB Says

    An internet service provider in Montana violated federal labor law by not giving an International Brotherhood of Electrical Workers local requested information about non-bargaining unit workers, a divided National Labor Relations Board panel determined, with a dissenting board member finding the union didn't adequately prove relevance.

  • October 11, 2024

    NY Forecast: 2nd Circ. Hears Blue Man Group Union Dispute

    This week, the Second Circuit will consider the National Labor Relations Board's bid to enforce an order finding a school founded by members of the Blue Man Group refused to bargain with a United Auto Workers local after the union's 2021 election victory.

  • October 11, 2024

    Teamsters Demand Intervenor Status In 5th Circ. Amazon Feud

    The Fifth Circuit must permit the Teamsters Amazon National Negotiating Committee to intervene in Amazon's constitutional fight against the National Labor Relations Board, the committee argued, saying limits on the group's participation are detrimental to the workers it represents.

Expert Analysis

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • 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.

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