Labor

  • August 23, 2024

    Chapter 11 Check-In: Yellow Corp.'s $1.5B Bankruptcy

    It's been more than a year since national trucking giant Yellow Corp. landed in Delaware's bankruptcy court following contentious union negotiations. Despite pulling in over $2 billion from asset sales and paying off $1.5 billion in debt, Yellow's road out of Chapter 11 has been stalled by high-stakes litigation and claims disputes.

  • August 23, 2024

    Workers Ask 6th Circ. To Remand UAW Bribery Scheme Row

    A group of engineers urged the Sixth Circuit to make a lower court send their fraud and civil conspiracy claims against the United Auto Workers and Fiat Chrysler back to Michigan state court, arguing they fall under state law and do not require interpretation of a labor contract.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    1st Circ. Says Longshoremen Local Still On Hook For $1.7M

    The International Longshoreman's Association pension fund is entitled to collect nearly $1.7 million in unpaid contributions and attorney fees from a union local in San Juan, Puerto Rico, following a merger with another local that had been in arrears, the First Circuit has ruled.

  • August 23, 2024

    Union 401(k) Plan Trustees Strike $5M Deal To End ERISA Suit

    Two elevator workers asked a Pennsylvania federal court to sign off on a $5 million settlement that would wrap up a proposed class action alleging their union's retirement plan was loaded with excessive administrative fees and shoddy investment options.

  • August 23, 2024

    Calif. Forecast: Court To Weigh $4M Insurance Co. Wage Deal

    In the coming week, attorneys should watch for the potential final sign-off on a $4 million deal to resolve a wage and hour class action against Arthur J. Gallagher Service Co. LLC. Here's a look at that case and other labor and employment matters on deck in California.

  • August 22, 2024

    NLRB Stops Accepting Consent Orders That Parties Oppose

    The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.

  • August 22, 2024

    Prosecutors Urge NLRB To Widen Supervisor Firing Exception

    National Labor Relations Board prosecutors on Thursday urged the board to broaden an exception to the rule that federal labor law does not shield managers from firing, arguing such punishments are illegal when they're meant to stop nonmanagers from organizing.

  • August 22, 2024

    Labor Board's LA Office Says Amazon Jointly Employs Drivers

    Amazon exercised enough control over its contracted Southern California delivery drivers' work conditions to be considered their joint employer, the National Labor Relations Board's Los Angeles office said Thursday, announcing plans to pursue a case that could clear the way for the retail giant's drivers to unionize.

  • August 22, 2024

    Philly Contractor Gets Probation For Taking Union Money

    A Philadelphia contractor who accepted union money embezzled by John Dougherty, former business manager of the International Brotherhood of Electrical Workers Local 98, to renovate the labor leader's personal properties was sentenced to three years of probation Thursday.

  • August 22, 2024

    Ala. Bar Did Not Make BLM Supporters Quit, NLRB Says

    A bar in Birmingham, Alabama, did not unlawfully force out employees who went to Black Lives Matter protests in 2020, the National Relations Board ruled, supporting an agency judge's conclusions that the workers weren't taking part in protected concerted activities.

  • August 22, 2024

    Kroger-Albertsons Wrong On Labor Law In FTC Row: NLRB

    The National Labor Relations Board used an amicus brief Wednesday to call out Kroger and Albertsons for their "mistaken" citation to labor law as a defense against Federal Trade Commission claims that the grocery giants' $25 billion megamerger threatens union bargaining leverage.

  • August 22, 2024

    Nonprofit Beats Ill. Teachers Union's Election Meddling Suit

    An Illinois federal judge tossed litigation claiming an education policy nonprofit meddled in a Chicago Teachers Union election, saying the sections of the Labor-Management Reporting and Disclosure Act the union sued under do not authorize lawsuits by private parties.

  • August 22, 2024

    Aluminum Co. Legally Fired Worker, NLRB Judge Says

    An aluminum manufacturer in Indiana lawfully fired a former union steward for allegedly threatening violence, a National Labor Relations Board judge ruled, saying the worker's union activities and filing of unfair labor practice charges weren't linked to his discharge.

  • August 21, 2024

    Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal

    Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.

  • August 21, 2024

    Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says

    Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.

  • August 21, 2024

    7th Circ. Enforces Reinstatement Of Car Dealership Strikers

    The Seventh Circuit enforced a National Labor Relations Board order Wednesday compelling an Illinois Cadillac dealership to rehire and give back pay to the employees it shut out when they went on strike, rejecting the dealership's argument that the enforcement petition was moot because it had already complied.

  • August 21, 2024

    Jewish MIT Students, Union End Bias And Unfair Labor Cases

    Jewish graduate students from the Massachusetts Institute of Technology said Wednesday they will be able to cut ties with their union, ending religious discrimination charges with the U.S. Equal Employment Opportunity Commission and unfair labor practice charges at the National Labor Relations Board.

  • August 21, 2024

    Dartmouth's Refusal To Bargain Is Illegal, Hoops Union Says

    The union representing men's basketball players at Dartmouth College accused the university of illegally refusing to negotiate, according to an unfair labor practice charge obtained by Law360 on Wednesday, as the school aims to challenge in federal court whether collegiate athletes are employees under federal labor law.

  • August 21, 2024

    Search Engine Operator Joins NLRB Constitutionality Chorus

    A public benefit corporation that runs a search engine for connecting people with social services has joined the chorus of companies seeking to stop unfair labor practice cases from proceeding against them by challenging the National Labor Relations Board's constitutionality, according to a new lawsuit in Texas federal court.

  • 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.

Expert Analysis

  • 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.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

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