Labor

  • September 05, 2024

    Bad Bunny Sports Firm In Contempt Over MLBPA Arbitration

    A federal judge in Puerto Rico has found the sports agency tied to music megastar Bad Bunny in contempt, saying the firm defied the court's order to arbitrate claims accusing the Major League Baseball Players Association of hobbling its business.

  • September 05, 2024

    Teamsters Steward Candidate Claims Leaders Defamed Him

    A candidate in a steward election accused a Teamsters affiliate's top leaders of spreading falsehoods about him in the run-up to the vote, telling a Michigan federal judge that the defamatory statements led him to lose.

  • September 05, 2024

    2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit

    The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.

  • September 05, 2024

    Minn. Health System Wants Union's Arbitration Award Axed

    A Minnesota healthcare system urged a federal court to throw out an arbitrator's award in favor of a union, saying the arbitrator ran afoul of a collective bargaining agreement by penalizing the system under state law for recouping wages it overpaid to several employees.

  • September 05, 2024

    2nd NLRB Official Says Amazon Jointly Employs Drivers

    A second National Labor Relations Board official has determined that Amazon jointly employs delivery drivers who work for a contractor, setting up a potential complaint accusing the company of threatening workers over unionization efforts.

  • September 05, 2024

    Worker Illegally Demoted For Pay Complaints, NLRB Rules

    A commercial truck driver training company violated federal labor law by demoting a worker who complained about a lack of timely pay, a divided National Labor Relations Board panel determined in granting default judgment, while one board member found that evidence didn't show the business was served board prosecutors' complaint.

  • September 04, 2024

    LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told

    A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.

  • September 04, 2024

    Union Discriminates Against Blacks, Latinos, Technician Says

    An entertainment industry union local's admissions and job referral practices make it harder for Black and Latino applicants to secure union membership and positions at production studios like HBO and CBS, an electrical technician alleged in a proposed class action filed in New York federal court.

  • September 04, 2024

    NLRB Says Deference Not Needed In Solo Protest Case

    The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.

  • September 04, 2024

    SEIU Unit Asks 8th Circ. To Grant It Reading Remedy

    A Service Employees International Union affiliate told the Eight Circuit that the National Labor Relations Board wrongly decided not to award a notice reading for a Missouri hospital, arguing that the hospital engaged in widespread labor law violations.

  • September 04, 2024

    Concrete Co. Owes Workers $370K, Wash. Panel Says

    A Washington appeals court refused to overturn a state agency's determination that a concrete company owes workers more than $370,000 in wages for working at a disposal site, saying the work was sufficiently related to a public works project to trigger the state's prevailing wage law.

  • September 03, 2024

    NLRB Office Reaches $200K Settlement With Aluminum Co.

    The National Labor Relations Board's Indianapolis office announced Tuesday that it approved a $200,000 settlement with back pay and benefits to resolve an unfair labor practice case alleging an aluminum windows company helped circulate a decertification petition.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    Amazon Calls For NLRB Members Recusal In NY Firing Spat

    Three NLRB members should recuse themselves after they voted to allow the agency's general counsel to seek a federal court injunction involving a fired worker at a Staten Island, New York, warehouse, Amazon argued to the board, saying the administrative case should be dismissed given due process concerns.

  • September 03, 2024

    Union-Backed 'Captive Audience' Bill Heads To Calif. Governor

    The California Senate voted in favor of a union-backed bill that would bar employers from requiring employees to attend meetings related to religious or political matters — including company-organized meetings used to discourage union-formation — sending the so-called captive audience bill to the governor's desk.

  • September 03, 2024

    UAW Loses Bid To Include Casinos In NJ Smoking Ban

    A New Jersey state court judge on Friday tossed the United Auto Workers' complaint claiming a law excluding casino workers from secondhand smoking protections violates the state constitution, reasoning that the law doesn't inhibit the employees' right to pursue safety.

  • September 03, 2024

    Apartment Co. Asks 9th Circ. To Toss NLRB Wage Talk Ruling

    An Arizona property management company has urged the Ninth Circuit to reverse a National Labor Relations Board decision finding the company unlawfully fired a worker who talked about wages, joining a chorus of employers arguing the labor agency is unconstitutionally structured.

  • September 03, 2024

    Calif. Eyes New Heavy-Duty Autonomous Truck Testing Regs

    California is forging ahead with plans to test and deploy more heavy-duty autonomous trucks, at the same time that state lawmakers are seeking to ban autonomous trucks from operating without a human driver behind the wheel.

  • September 03, 2024

    NLRB Official Permits Union Vote At Marathon Calif. Terminal

    Workers at a Marathon terminal in California can vote on whether they want the United Steelworkers to represent them, an NLRB regional director determined, while rejecting the union's request for an election to let the employees join an existing bargaining unit.

  • September 03, 2024

    Labor, Employment Ballot Questions May End Up In Court

    Voters this fall will consider ballot questions asking them to pass laws raising the minimum wage and expanding rights to sick leave and collective bargaining, potentially kicking off litigation that will give courts a chance to weigh in.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Teamsters Eye Game-Changing Win At Amazon 'Crown Jewel'

    The Teamsters have launched an ambitious organizing campaign at Amazon's premiere air cargo facility in Kentucky, hoping to draw on the experience of representing thousands of UPS workers in the state to notch a win that experts said could be the breakthrough the union has been seeking at the e-commerce giant.

  • August 30, 2024

    NLRB Official Nixes Union Ouster Attempt At Red Rock Casino

    A worker's bid to decertify a union representing maintenance employees at Red Rock Casino Resort & Spa in Las Vegas can't proceed, a National Labor Relations Board regional director determined, finding the petition should be dismissed because the board recently issued a bargaining order.

  • August 30, 2024

    UPS Gets NLRB Info Request Redo From 11th Circ.

    The Eleventh Circuit reversed on Friday part of a National Labor Relations Board ruling that UPS illegally refused to provide information to the Teamsters, directing the board to analyze the company's argument that the parties' contract precluded the union's request for workers' phone numbers.

  • August 30, 2024

    NLRB Says Nexstar Must Bargain With Union In Upstate NY

    The National Labor Relations Board ordered Nexstar Media Inc. to bargain with its workers' newly installed union, ruling that the media conglomerate violated federal labor law by refusing to work with a Communications Workers of America affiliate at its Rochester, New York, television station.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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