Labor

  • October 29, 2023

    UAW And Stellantis End Impasse As GM Strike Grows

    United Auto Workers lead negotiators reached a tentative agreement Saturday with Stellantis NV, the second of Detroit's Big Three automakers to iron out a new labor contract, which still needs to be approved by members following a seven-week strike.

  • October 27, 2023

    US Asks Mexico To Eye Anti-Union Action At Caterpillar Plant

    The United States has asked Mexico to examine whether workers at that country's Caterpillar Inc. subsidiary are denied the right to freedom of association and collective bargaining, U.S. Trade Representative Katherine Tai said.

  • October 27, 2023

    9th Circ. Revives Union Pension Award Against Calif. Hospital

    A California federal judge should not have nixed an arbitration award requiring a San Jose hospital to pay into two union-represented employees' pensions, the Ninth Circuit ruled Friday, reversing the decision with instructions to confirm the award. 

  • October 27, 2023

    'The Voice' Production Co., Musicians Union Settle Pay Suit

    A musicians union and the production company behind NBC reality television show "The Voice" informed a California federal court Friday that they reached a settlement of claims that the company underpaid music preparation personnel.

  • October 27, 2023

    Sheet Metal Group Can't Ax Union's Funds Arbitration Suit

    A Hawaii federal judge declined to toss a sheet metal union's lawsuit attempting to push a professional association into arbitration to resolve a deadlocked vote on the use of training funds, rejecting the association's arguments that contract language allows it to skirt an out-of-court resolution. 

  • October 27, 2023

    No Deal In Sight As Calif. Hospital Strike Concludes

    The latest strike involving frontline medical workers — this one at a Burbank, California hospital — concluded Friday without an agreement on wages, staffing levels or other issues, as a union bargaining committee member indicated another work stoppage is on the table.

  • October 27, 2023

    NLRB May Ease Union 'Salting' Amid Organizing Wave

    The National Labor Relations Board may soon raise the stakes for employers that deny jobs to so-called salts after a judge teed up a case in which prosecutors aim to make it tougher for employers to escape bias claims when they reject open or suspected union operatives.

  • October 27, 2023

    Bakery Pension Fund Loses Bid For $132M PBGC Rescue

    A New York federal judge sided with the Pension Benefit Guaranty Corp. in a lawsuit from trustees of a pension fund for union bakery drivers seeking $130 million in financial assistance from a massive pension rescue program Congress passed in 2021, finding the PBGC's denial wasn't erroneous.

  • October 27, 2023

    Union To Ask 1st Circ. To Revive Suit Challenging Debt Cap

    A union representing almost 75,000 federal employees intends to appeal a district judge's ruling that it lacks standing to challenge the constitutionality of the U.S. debt limit law, according to a Thursday filing.

  • October 27, 2023

    Ga. Co. Refused To Hire Union Organizers, NLRB Judge Says

    A Georgia manufacturer unlawfully refused to hire three workers who were organizers for a pipefitters union, a National Labor Relations Board judge ruled, in a case that could be a vehicle to make it harder for employers to defeat accusations of hiring discrimination against so-called union salts.

  • October 27, 2023

    Shell Fights Enforcement Of Order Over Meme-Related Firing

    Shell Oil asked a Washington federal judge to toss the United Steelworkers' bid to enforce a rehire order for a worker fired after posting a meme that management deemed offensive, saying it's too early for court enforcement because back pay is still being worked out with the arbitrator.

  • October 27, 2023

    Calif. Forecast: Med Interpreters Seek OK On $3M Wage Deal

    In the coming week, attorneys should watch for the potential final approval of a $3 million settlement in a wage and hour class action by more than 1,000 medical interpreters. Here's a look at that case and other labor and employment matters coming up in the state.

  • October 27, 2023

    NLRB Tosses Union Work Row Focused On Benefits Fund Suit

    The National Labor Relations Board tossed an Alaskan military contractor's allegations that a union used a benefits lawsuit to pressure the company to assign work to its members, saying the suit cannot be definitively attributed to the union because it was filed by a union benefits fund's trustees.

  • October 27, 2023

    NY Forecast: 2nd Circ. Hears MTA Officer's Race Bias Suit

    The Second Circuit this week will consider a Black former New York City transit police officer's lawsuit claiming he was discriminated against on the basis of his race when he was disciplined for overtime violations and eventually fired. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • October 27, 2023

    Off The Bench: Baylor Pays, NHL Betting Penalty, NLRB-NCAA

    This week's Off the Bench features Baylor University facing accountability, an NHL player put in the penalty box for sports betting and the NCAA striking out on stopping the NLRB's quest on behalf of college athletes. If you were sidelined this week, Law360 breaks down all the sports and betting stories that had our readers buzzing.

  • October 26, 2023

    3 Takeaways From NLRB's Latest Joint Employment Rule

    The National Labor Relations Board's revision Thursday to its test for deciding whether linked entities are joint employers under federal labor law represents a major shift from the rule it replaces and is bound to bring a bevy of legal challenges by business groups. Here, Law360 looks at these and other takeaways from the board's latest joint employer rule.

  • October 26, 2023

    Ga. Joins SC In Urging High Court To Ax Labor Protest Ruling

    The Georgia Ports Authority supported its South Carolina counterpart Thursday by urging the U.S. Supreme Court to review a Fourth Circuit ruling allowing a dockworkers' union to sue shippers for using a partially nonunion state-run port, saying the ruling runs afoul of laws prohibiting so-called secondary boycotts.

  • October 26, 2023

    Union Can't Enter NLRB Bid To Compel 33 Starbucks Rehires

    Workers United can't intervene in National Labor Relations Board prosecutors' bid for a federal court injunction that would compel Starbucks to rehire about 33 workers in Seattle, a Washington federal judge ruled Thursday, holding that the prosecutors will adequately represent the union's interests.

  • October 26, 2023

    Ex-Union Biz Manager Seeks Third Embezzlement Trial Delay

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty asked a Philadelphia federal judge to order a third delay for his November embezzlement trial, arguing his counsel is buried under the case's "voluminous" discovery and starting on the scheduled date would deny him proper preparation.

  • October 26, 2023

    UPS, Teamsters Escape Ex-Package Handler's Bias Suit

    UPS and a Teamsters local defeated a former package handler's suit claiming he was fired because he's Pacific Islander and asked for time off after he injured his knee, with a Florida federal judge ruling Thursday that he raised his allegations too late.

  • October 26, 2023

    Health Co. Can't Refuse To Carry Out CBA, NLRB Judge Says

    A New York City mental health care center violated federal labor law when it refused to execute a union contract because its board of directors didn't approve of the agreement, a National Labor Relations Board judge ruled, saying board approval wasn't a precondition for contract execution.

  • October 26, 2023

    3rd Circ. Dismisses Ex-Union Railroad Worker's Age Bias Suit

    The Third Circuit on Thursday upheld the dismissal of a former brakeman's proposed collective action claiming Union Railroad Co. targeted older workers with "last chance" agreements to make them easier to get rid of, finding his allegations were too flimsy to stay in court.

  • October 26, 2023

    NLRB Finalizes Rule Broadening Joint Employer Test

    The National Labor Relations Board issued a hotly anticipated rule Thursday making it easier for employees of franchisees and staffing agencies to show that the franchisor or user firm under which they serve is their joint employer and force them to the bargaining table.

  • October 25, 2023

    Don't Fine Rehab Co. In NLRB's Holiday Pay Row, Judge Says

    The operator of a New Jersey rehabilitation center shouldn't face fines for the National Labor Relations Board's claims that the company didn't comply with a Third Circuit judgment, a federal magistrate judge recommended Wednesday, but she found that the operator should pay agency attorney fees.

  • October 25, 2023

    UAW Reaches Tentative Labor Deal With Ford

    Lead negotiators for the United Auto Workers reached a tentative agreement late Wednesday with Ford Motor Co. on a new labor contract that would end the six-week strike at one of Detroit's Big Three automakers if members vote to approve the deal.

Expert Analysis

  • NY Bill Would Alter Labor Relations In Fashion Industry

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    A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

  • How The NLRB Is Pushing For Expanded Remedies

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    The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employees' Input On ESG May Reduce Risks Of Unionization

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    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

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    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • Defeating Motions To Decertify FLSA Collective Actions

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    Matthew Helland at Nichols Kaster lays out plaintiff strategies that can help beat a defendant’s motion to decertify a Fair Labor Standards Act collective action and convince the judge that a case should be tried on a groupwide basis, highlighting key issues such as representative proof and varying circuit frameworks.

  • Why NLRB's Return To Joy Silk Would Offer Few Advantages

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    The National Labor Relations Board general counsel's recent push for the reinstatement of the Joy Silk doctrine — which forces employers to bargain with workers after the company has infringed on their organizing rights — appears to be a solution in search of a problem and would almost certainly lead to more litigation, says Peter Finch at Davis Wright.

  • Employer Lessons After Diverging Amazon Union Outcomes

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    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

  • BIPA Ruling May Limit Employer Liability Under Labor Law

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    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

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    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

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    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

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