Labor

  • April 23, 2024

    King & Spalding Adds Kirkland Employment Partner In DC

    King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.

  • April 22, 2024

    USW Says EPA Asbestos Ban Doesn't Protect Workers Enough

    The United Steelworkers and the nonprofit Asbestos Disease Awareness Organization called on the D.C. Circuit to review the U.S. Environmental Protection Agency's recent ban on the most prevalent variety of asbestos, with the union arguing the ban falls short by failing to provide certain interim protections.

  • April 22, 2024

    NLRB Says 3rd Circ. Must Back Solo Action Precedent Shift

    The National Labor Relations Board called on the Third Circuit on Monday to enforce an agency precedent shift over federal labor law protections for a single worker's actions on the job, arguing historical practice backs the board's analysis of concerted activity.

  • April 22, 2024

    What to Expect As Justices Mull NLRB Injunction Standard

    The U.S. Supreme Court will hear arguments Tuesday in a case that could make it tougher for the National Labor Relations Board to get rare injunctions to stop labor violations from trampling workers’ rights. Here, Law360 previews the arguments in Starbucks’ bid to unify the test the courts use to vet NLRB injunctions.

  • April 22, 2024

    Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

    A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

  • April 22, 2024

    NYC Hotel Seeks Order Ending Union's 'Indefinite' Agreements

    A Hyatt hotel near Wall Street urged a New York federal judge to find that certain agreements with "indefinite" terms between a hotel workers union and a previous operator of the hotel can't be enforced, saying those accords aren't part of labor contracts with a hotel association.

  • April 22, 2024

    Nuclear Plant Says Union Health Benefits Fight Not Arbitrable

    A Pennsylvania federal judge should dismiss a union's attempt to force a benefits fight with a nuclear power plant operator into arbitration, the operator argued Monday, saying the dispute isn't arbitrable under the terms of the collective bargaining agreement.

  • April 22, 2024

    Mich. Top Court Strikes Down Public Union Fee Policies

    The Michigan Supreme Court said Monday a public-sector union cannot charge nonmembers a fee to receive union support in filing a grievance, ruling that doing so violates the organization's duty to fairly represent all employees when the union is the sole representative for workers.

  • April 22, 2024

    NJ Mall Cleaning Co. Unlawfully Fired Workers, NLRB Says

    A New Jersey mall cleaning company violated federal labor law by firing two workers after they met with union organizers, the National Labor Relations Board has ruled, upholding an agency judge's decision.

  • April 22, 2024

    SpaceX Fights NLRB's Structure Again Over Agency Suit

    SpaceX mounted another challenge to the constitutionality of the National Labor Relations Board's structure in Texas federal court, telling the judge to stop administrative proceedings over an unfair labor practice complaint alleging the company's severance agreement is unlawful.

  • April 19, 2024

    UAW Wins Key Election At Chattanooga Volkswagen Plant

    Workers at a Volkswagen plant in Chattanooga, Tennessee, overwhelmingly voted to be represented by the United Auto Workers, giving the union its first victory in its campaign to organize nonunion automakers in the United States.

  • April 19, 2024

    AFL-CIO Can't Lift Pause On Its NLRB Election Rule Suit

    A D.C. federal judge maintained a pause on the AFL-CIO's challenge to a 2020 National Labor Relations Board rule governing representation elections, saying the proceeding would be halted until the board deals with a proposed rollback to the regulation.

  • April 19, 2024

    Calif. Union Plan Pays $2.5M To End Early Retirement Suit

    A pension plan for union-represented Northern California metalworkers, the plan administrator and a law firm will pay roughly $2.5 million to end a proposed class action alleging about 30 early retirees weren't given the full benefits they were promised, according to paperwork filed Friday in California federal court.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Creditor Committee Backs Yellow In Pension Fund Fight

    The official committee of unsecured creditors in Yellow Corp.'s Chapter 11 bankruptcy has largely backed an objection from the debtor to several pension plans' claims for retirement-fund withdrawal liability, while saying it hopes the issues can be resolved quickly to reduce costs.

  • April 19, 2024

    Members Say UFCW Delegate System Violates Federal Law

    The United Food and Commercial Workers constitution's method for selecting delegates to its national convention unlawfully dilutes the voting power of members of larger locals while also limiting options for those belonging to smaller locals, members claim in a federal lawsuit filed Friday.

  • April 19, 2024

    Notre Dame Illegally Classified College Athletes, Group Claims

    The University of Notre Dame violated federal labor law through its classification of college athletes as student-athletes, a college basketball players advocacy group alleged in an unfair labor practice charge obtained by Law360 on Friday.

  • April 19, 2024

    Franchise Operator On Pitfalls Of Calif.'s Fast-Food Min. Wage

    Rich Reinis, a member of California's newly formed Fast Food Council, said he wants to keep fast food affordable, especially as industry workers now earn a $20 minimum wage. Here, Law360 speaks with Reinis about the council’s future.

  • April 19, 2024

    NY Forecast: Judge Considers School District Race Bias Suit

    This week a New York federal judge will consider a school district's bid to dismiss a lawsuit brought by a Black former technology specialist who claims he was fired after facing discrimination on the job based on his race. Here, Law360 explores this and other cases on the docket in New York.

  • April 19, 2024

    NLRB Official Tosses Union Ouster Petition Over ULP Case

    A National Labor Relations Board official has dismissed a petition to decertify the United Steelworkers as the bargaining representative of workers at an Oregon industrial equipment manufacturer, saying pending unfair labor practice allegations against the company bar a decertification election until they're resolved.

  • April 19, 2024

    Calif. Forecast: Hilton Seeks To Undo Tips Class

    In the coming week, attorneys should watch for a potential ruling on whether a class of hotel banquet event workers can continue together with wage claims against San Francisco Hilton Inc., in a long-running case that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2024

    'Severe Impact' If HBCUs Paid Athletes, NLRB Judge Told

    A commissioner of an athletic conference for historically black colleges and universities testified Thursday in a hearing before a National Labor Relations Board judge that being forced to pay student-athletes a salary and treat them as employees would have a "severe impact" on those institutions. 

  • April 18, 2024

    UAW Vote Set For Next Month At Ala. Mercedes-Benz Plants

    Thousands of workers at Mercedes-Benz plants in Alabama can vote next month on whether to unionize, the United Auto Workers announced Thursday as the union forges ahead with its organizing efforts at nonunion automakers.

  • April 18, 2024

    Yellow Corp. Likely Able To Keep Some Leases For Later Sales

    A Delaware bankruptcy judge said Thursday he would probably approve troubled trucking company Yellow Corp.'s bid to assume more than 70 leases, but told the debtor and its landlords he needed until Friday to make a final decision.

  • April 18, 2024

    Disneyland Performers Seek Union Representation

    The workers who play Disney characters at Disneyland Resort in Anaheim, California, are unionizing, Actors Equity Association announced Thursday, saying over 1,000 employees of the resort's characters and parades departments have signed union cards.

Expert Analysis

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

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