Labor

  • August 26, 2024

    Adhesive Co. Had Unlawful Posting, Access Rules, NLRB Says

    An adhesive tape manufacturer violated federal labor law by maintaining rules concerning workers' postings and access to the business' property, the National Labor Relations Board determined, while approving a company rule prohibiting the use of the employer's phones for personal calls.

  • August 26, 2024

    New Jersey Cases Attorneys Are Watching In 2024

    Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.

  • August 23, 2024

    Ex-Union Officials Embezzled Millions For Years, DOJ Says

    Two ex-presidents of the International Brotherhood of Boilermakers and former high-ranking union officials played a role in a $20 million embezzlement scheme for more than a decade, the U.S. Department of Justice alleged in Kansas federal court, saying union funds were spent on vacation payouts, rent and international trips.

  • August 23, 2024

    Transport Co.'s Union Pushback Flouted Law, Judge Says

    A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.

  • August 23, 2024

    Attys' Fee Request 'Exorbitant' In Pay Bias Spat, NYC Says

    New York City urged a federal court Friday to reject attorneys' $8 million fee request for representing white fire protection inspectors who claimed they were subjected to the same racist pay disparities their nonwhite colleagues alleged they faced, saying it would divert too much money away from the workers.

  • August 23, 2024

    One Year In, NLRB's Cemex Rule Lives Up To Its Billing

    A year of litigation under the National Labor Relations Board's eased standard for when it orders employers to bargain with unions over unfair labor practices has shown that the decision is every bit the consequential shift in labor law that experts predicted it would be.

  • August 23, 2024

    Longshoremen's Union Defeats Fair Representation Claims

    An International Longshoremen's Association local has defeated three members' accusations that it breached its duty of fair representation by funneling work opportunities to union leaders' family and friends, with a Georgia federal judge ruling the allegations were based on speculation.

  • 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.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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