Labor

  • January 11, 2024

    Los Angeles Seeks End To Airline Caterer's Wage Law Fight

    The City of Los Angeles called on a federal judge to dismiss an airline meal provider's claims that a local wage law doesn't apply to the company's workers outside the city, contending that federal labor law does not preempt the enforcement of the local statute.

  • January 11, 2024

    Two Workers Say UPS Can't Get Early Win In Benefits Dispute

    Two drivers said there are still open questions in their suit against UPS alleging they lost some seniority and pension benefits, urging an Indiana federal court not to grant the delivery company an early win.

  • January 11, 2024

    NJ Contractor Must Bargain With Union, NLRB Judge Says

    A New Jersey contractor that employed union-represented sheet metal workers on a construction project must bargain with the union for a successor contract, a National Labor Relations Board judge ruled, saying an evergreen clause extended the first contract's life and obligated the company to negotiate a new deal.

  • January 11, 2024

    Just-Cause Laws Could Spread After 2nd Circ. Ruling

    Legislation protecting workers from unexpected firings could appear in more jurisdictions after the Second Circuit ruled that such a New York City law doesn’t interfere in collective bargaining, attorneys said. Here, Law360 explores the potential impact of the ruling.

  • January 10, 2024

    Teamsters Fund Wants $5B Plan Withdrawal Fight Arbitrated

    Bankrupt trucking company Yellow Corp. must contest an assertion that it owes a Teamsters-affiliated pension plan nearly $5 billion in arbitration, not in Delaware bankruptcy court, the fund said Wednesday.

  • January 10, 2024

    Wynn Seeks Nix Of Back Pay Award After Worker's Racial Slur

    A Wynn casino and resort in Massachusetts filed suit against two unions, seeking to toss an arbitration award that ordered the reinstatement and compensation of back pay to an employee who was fired for referring to a Black co-worker as a "monkey."

  • January 10, 2024

    9th Circ. Restores Union's Arbitration Win Over 2 Hyatt Hotels

    The Ninth Circuit reinstated an arbitration award Wednesday ordering Hyatt to secure a franchisee's assumption of a neutrality agreement Hyatt signed to respect workers' unionization efforts at two Hollywood hotels, finding Hyatt transferred its role as the hotels' operator to the franchisee, making the franchisee a successor to the agreement.

  • January 10, 2024

    Co. Unlawfully Fired Workers Over Raise Ask, NLRB Says

    A financial planning company violated federal labor law by firing two brothers after one inadvertently discovered pay data and the pair used it to ask for raises, the National Labor Relations Board said Wednesday.

  • January 10, 2024

    NLRB Botched Mail Election, Transformer Co. Tells DC Circ.

    A power transformer manufacturer challenged the National Labor Relations Board's certification of an International Union of Operating Engineers local at the D.C. Circuit, arguing that the actions of the agency and union during the vote warranted a rerun election.

  • January 10, 2024

    Alabama Mercedes Workers Announce Union Drive With UAW

    Workers at a Mercedes-Benz plant in Alabama announced a campaign to be represented by the United Auto Workers on Wednesday, the latest facility to join the union's widespread effort to organize nonunion autoworkers.

  • January 10, 2024

    NLRB Asks Ky. Judge To Make ADT Undo Illegal Pay Changes

    The National Labor Relations Board urged a Kentucky federal judge to broaden a court order making ADT unwind alleged labor violations, saying it would vindicate unionized workers' labor rights to make the company roll back pay changes it made without negotiating.

  • January 10, 2024

    Broncos Player Can't Move Injury Claims Out Of Arbitration

    A California federal judge has refused to reconsider an earlier ruling that forced a Denver Broncos linebacker to arbitrate claims from his injury lawsuit, saying there are no previously unavailable facts or laws that would justify the reconsideration.

  • January 09, 2024

    3rd Circ. Scraps Ex-Trooper's $1.6M Win In Disability Bias Suit

    The Third Circuit reversed a former state trooper's $1.6 million jury trial win in his lawsuit accusing the Pennsylvania State Police of illegally forcing him to retire because of his disability, saying Tuesday that the trial judge erred by providing the jury with faulty instructions.

  • January 09, 2024

    Fired Workers Say SpaceX Is Trying To 'Hijack' Their Rights

    Fired workers at the center of an unfair labor practice complaint against SpaceX at the National Labor Relations Board asked a Texas federal judge to let them intervene in the rocket company's suit claiming the NLRB is unconstitutional, saying SpaceX is trying to "hijack" their rights by attacking the agency's authority.

  • January 09, 2024

    Mich. Rep.'s Failed Shakedown Was Enraging, Lobbyist Testifies

    A union lobbyist told a jury on Tuesday she was infuriated after receiving a text message from a Michigan state lawmaker seeming to ask for campaign cash in exchange for his vote on a key labor law issue, as the now-former politician faces a second corruption trial in Grand Rapids.

  • January 09, 2024

    Zoom Is Best For NLRB Noncompete Case, Prosecutors Say

    A Zoom videoconference is the best venue for resolving federal labor law claims against two Midwestern medical spas that forbade departing employees from working for local competitors for two years, National Labor Relations Board prosecutors have argued, citing the fact that one of the workers now lives in Australia.

  • January 09, 2024

    Co. Appeals NLRB Standard On Individual Action To 3rd Circ.

    A Pennsylvania plastics manufacturer challenged a National Labor Relations Board precedent shift that broadened protection for individual protests in the workplace, telling the Third Circuit that a conversation between a single fired worker and a company official wasn't protected activity.

  • January 09, 2024

    NLRB Rejects Hospital's Bid To Toss Info Request Dispute

    A University of Pittsburgh-connected psychiatric hospital must face a Service Employees International Union unit's claims that the hospital unlawfully withheld information about the salaries of nonunion nurses at an affiliated hospital from the union, the National Labor Relations Board has ruled.

  • January 09, 2024

    GM Reaches Deal To End Mechanic's Sex Bias Suit

    General Motors struck a deal to end a suit from a mechanic who claimed the carmaker unlawfully passed her over for engineer roles in favor of men and then slammed the door on potential promotions after she complained to her union.

  • January 08, 2024

    Mass. Gig Worker Fight Rages On All Fronts In 2024

    The long-running battle over how to treat ride-hailing drivers in Massachusetts is coming to a head in 2024 as labor and business advocates scrap over electoral, legislative and legal initiatives to give or deny organizing, minimum wage and other rights to these gig workers.

  • January 08, 2024

    Biden Threatens Veto Of Bill To Nix NLRB Joint Employer Rule

    President Joe Biden would veto a resolution to nullify a National Labor Relations Board rule that makes it harder for employers to show they are not joint employers, the White House said Monday ahead of a U.S. House of Representatives rules committee meeting on the measure.

  • January 08, 2024

    Mich. Rep's Wage Vote Was 'All About The Money,' Jury Told

    Federal prosecutors tried for the second time Monday to convince jurors to convict former state legislator Larry Inman on corruption charges, telling the jury that he tried to shake down a local union for campaign contributions in exchange for his vote on a key labor issue.

  • January 08, 2024

    Amazon Union Resolves Officer Election Fight With Workers

    A group of several dozen workers at Amazon's JFK8 warehouse on Staten Island have settled their dispute with the Amazon Labor Union over union leadership's failure to hold an officer election or get members' approval on changes to the union's constitution, according to a recently filed consent agreement.

  • January 08, 2024

    4th Circ. Backs NLRB's Ruling In Materials Co. Firing Case

    The Fourth Circuit upheld a National Labor Relations Board ruling finding a building materials company violated federal labor law by firing a union supporter over trumped-up safety violations, saying Monday there was significant evidence that the worker and other employees would not have been punished if not for their union ties.

  • January 08, 2024

    Logistics Co. Agrees To End Pension Fight With Teamsters

    A logistics company told the First Circuit it's dropping its appeal in its lawsuit against the Teamsters that seeks to shake $1.5 million in supposed pension debt, ahead of oral arguments that were scheduled to start Monday.

Expert Analysis

  • 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.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

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    In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

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