Labor

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 19, 2024

    Feds, NY Residents Spar Over Congestion Pricing Battle

    Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 20, 2024

    Senate Confirms SEIU General Counsel As 4th Circ. Judge

    The Senate voted 50-47 on Tuesday evening to confirm Nicole Berner, general counsel of the Service Employees International Union, to a Fourth Circuit judgeship.

  • March 19, 2024

    State Court To Hear Seattle's Issue With Vax Firing Arb. Award

    A Washington state court will review an arbitrator's decision to fault the city of Seattle for firing a worker for not getting a COVID-19 vaccination, agreeing to hear the city's argument that the arbitrator improperly weighed in on an issue he wasn't supposed to consider.

  • March 19, 2024

    GC Urges NLRB To Grow Remedies For Work Rule Violations

    National Labor Relations Board general counsel Jennifer Abruzzo urged the board on Tuesday to expand the remedies it will order in cases involving overly broad work rules, saying employers should be required to walk back discipline and other actions against more employees who violated an unlawful rule.

  • March 19, 2024

    NLRB, Starbucks Jointly Drop Store Merger Injunction Case

    A Washington federal court approved a joint request from Starbucks and the National Labor Relations Board to dismiss an injunction case related to claims that the coffee chain tried to illegally quell organizing efforts with the consolidation of three Seattle stores.

  • March 19, 2024

    Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit

    Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.

  • March 18, 2024

    Dartmouth College Won't Bargain With Men's Basketball Team

    Dartmouth College is rejecting a bid by a Service Employees International Union local to bargain for a contract covering men's basketball players, a university spokesperson said Monday, signaling the school's plan to take to federal court its fight over whether collegiate athletes are statutory employees.

  • March 18, 2024

    9th Circ. Frees Kaiser, Union From Fired Calif. Nurse's Suit

    Kaiser Permanente and the California Nurses Association defeated a fired nurse's lawsuit Monday, with the Ninth Circuit affirming that the nonprofit health care giant had valid reasons for firing her and that the union adequately represented her in her challenge to the termination.

  • March 18, 2024

    House Committee Launches Probe Into Union 'Corruption'

    The House Education and Workforce Committee's chairwoman began an investigation into 12 unions over concerns about union officials' "fraud, embezzlement, and corruption," according to an announcement, calling for labor organizations to share documents with the committee.

  • March 18, 2024

    Minute Media Buys Rights To Publish Sports Illustrated

    Digital content business Minute Media has purchased the publishing rights for Sports Illustrated, keeping alive a longtime brand that recently obliterated its newsroom with layoffs and shut down its betting platform, according to a Monday announcement.

  • March 18, 2024

    2nd Circ. Won't Revive CUNY Profs' Union Antisemitism Suit

    The Second Circuit won't revive a suit lodged by six Jewish professors at the City University of New York claiming that a state law unlawfully requires them to associate with a union that they allege holds antisemitic views, ruling that the provision passes muster under the U.S. Constitution.

  • March 18, 2024

    Labor Rights And Politics: What Employers Should Know

    Employers that aim to keep politics out of the workplace in this contentious election year should be mindful of federal labor law, experts say, as it may limit their ability to stop workers from touting social causes, especially under President Joe Biden's National Labor Relations Board.

  • March 18, 2024

    USW Says Factory Assigning Double Duty Despite Arb. Award

    An Ohio insulation manufacturer is still making the union-represented staff of its Newark, Ohio, factory perform two jobs at once, the United Steelworkers have claimed in a new lawsuit against the company, seeking to enforce an arbitration award banning the business from mandating so-called double duty.

  • March 18, 2024

    ExxonMobil Info Sharing Rule 'Overbroad,' NLRB Judge Says

    ExxonMobil enforced an "unlawfully overbroad" rule governing the sharing of corporate information, a National Labor Relations Board judge ruled, applying a recent shift in board precedent to find that the company illegally fired a worker who posted an internal email on social media.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    NLRB Asks 2nd. Circ. To Hold Radio Co. In Contempt

    The National Labor Relations Board asked the Second Circuit to hold a radio station operator in contempt for violating a consent judgment enforcing a board decision, saying the station hasn't restored an unlawfully laid-off worker to a comparable position and has given union work to non-union workers.

  • March 15, 2024

    Starbucks Illegally Removed Union Material, NLRB Judge Says

    Starbucks unlawfully took down union material posted at a cafe in Maine and disciplined a worker who wrote "stop union busting" on a whiteboard, a National Labor Relations Board judge found while dismissing other allegations that the company violated federal labor law.

  • March 15, 2024

    DOL Says PBGC Overpayment Returns Don't Violate ERISA

    The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.

  • March 15, 2024

    NY Forecast: 2nd Circ. Hears Schools Admin. Suit Over Firings

    The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.

  • March 15, 2024

    Calif. Forecast: Full 9th Circ. To Hear AB 5 Challenge Args

    In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.

  • March 14, 2024

    Foul-Language Row Met With Fowl Metaphors In Court Showdown

    An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.

  • March 14, 2024

    Union Ends Representation At Medieval Times After 2 Years

    The American Guild of Variety Artists has given up its role as the bargaining representative of Medieval Times workers, according to an announcement from Medieval Times Performers United, ending an organizing effort that began in California and New Jersey about two years ago.

Expert Analysis

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

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