Labor

  • May 01, 2024

    UAW Local Calls Arrests Of Members At USC Protest Illegal

    The University of Southern California violated federal labor law by having union members who protested in support of a ceasefire in Gaza arrested, a United Auto Workers affiliate representing graduate student workers said.

  • May 01, 2024

    Acting Labor Sec. Defends Status, Rules At Tense Hearing

    Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.

  • May 01, 2024

    NLRB Says Beverage Co. Wrongly Put Union Leader On Leave

    A Puerto Rico beverage distributor violated federal labor law by placing an employee union leader on six months of unpaid leave and prematurely declaring an impasse in bargaining, the National Labor Relations Board ruled, upholding an August decision from an agency judge.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    UAW, Fiat Chrysler Settle Anti-Gay Discrimination Suit

    Fiat Chrysler and a United Auto Workers local have agreed to resolve a former worker's lawsuit alleging she was fired for complaining about anti-gay harassment she faced and her union didn't adequately pursue her grievance, according to a filing in Michigan federal court.

  • April 30, 2024

    Welch's Says Worker Should Stay Fired In Dispute With Union

    Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.

  • April 30, 2024

    6th Circ. Weighs Merits, Procedure In NLRB Severance Case

    The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.

  • April 30, 2024

    Google's Challenge To YouTube Music Union Stays In DC Circ.

    The D.C. Circuit will continue adjudicating Google's challenge to the unionization of its subsidiary YouTube Music, rejecting on Tuesday a request by the company and its contractor Cognizant to transfer the case to the Fifth Circuit.

  • April 30, 2024

    SEIU Cites Starbucks Organizing In Push For Cemex Standard

    The Service Employees International Union invoked the nationwide organizing campaign at Starbucks stores in a request for the Ninth Circuit to back a National Labor Relations Board precedent shift for bargaining orders, arguing the new standard will help deter labor law violations.

  • April 30, 2024

    ExxonMobil Tells 5th Circ. Ex-NLRB Member Wasn't Biased

    ExxonMobil asked the Fifth Circuit to overturn a National Labor Relations Board decision finding the oil giant unlawfully refused to bargain with a union, saying the NLRB erred by vacating the company's 2020 win in the case after uncovering a Trump-era board member's financial ties to ExxonMobil.

  • April 29, 2024

    Ex-Officers Seek Early Win Against Flight Attendant Union

    Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."

  • April 29, 2024

    NLRB Precedent Shift On Severance Pacts Faces 6th Circ.

    A Sixth Circuit panel is prepared to review a National Labor Relations Board decision that held employers violate federal labor law by offering severance agreements with overly broad confidentiality and nondisparagement clauses, a closely watched argument over a precedent shift that experts said has had major effects on employers.

  • April 29, 2024

    Biz Groups Fight Conn. Ban On 'Captive Audience' Meetings

    A Connecticut law that lets workers skip employers' meetings to discuss unionization violates employers' right to free speech, a coalition of business groups argued in Connecticut federal court, seeking a pretrial win on allegations that the law violates the U.S. Constitution and federal labor law.

  • April 29, 2024

    Amtrak Wants Out Of Black Conductor's Bias Suit

    Amtrak is urging a Connecticut federal judge to let it out of a Black conductor's lawsuit alleging she was passed over for union committee assignments in favor of less experienced white men and harassed by a superior after she complained, saying her gripes should be directed solely at the union.

  • April 29, 2024

    DOL Issues Guidance On Using AI In The Workplace

    The U.S. Department of Labor issued guidance Monday on how employers can carefully use artificial intelligence, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

  • April 29, 2024

    Judge Rejects Class Certification Of Seizure Drug Customers

    An Illinois federal judge has rejected a class certification bid in a suit against drugmaker Mallinckrodt and prescription delivery platform Express Scripts, ruling that the plaintiffs were unable to meet their predominance burden as a class.

  • April 29, 2024

    Calif. Cannabis Labor Law Violates US Constitution, Co. Says

    A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.

  • April 29, 2024

    Union Didn't Betray Employee Slapped At Work, NLRB Says

    A union steward acted in good faith when suggesting that if a transportation company fired an employee who slapped her co-worker, it should also fire the co-worker for provoking her, a split National Labor Relations Board found, saying the suggestion wasn't a betrayal but a strategy to discourage firings.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    Starbucks, Union Tout 'Significant Progress' In Contract Talks

    Starbucks and Workers United "made significant progress" in collective bargaining negotiations this past week, the parties announced Friday, with experts telling Law360 that the contract talks are a starting point, but the details of these negotiations remain to be seen.

  • April 26, 2024

    Struggling Amazon Union Hopes To Retool As Election Looms

    Two years after its surprise election win at a Staten Island warehouse, the Amazon Labor Union is broke, beset by infighting and ignored by management. Can new leadership at the onetime darling of the labor movement turn it around?

  • April 26, 2024

    NLRB Official Says Colorado HOA Workers Can Vote On Union

    A National Labor Relations Board official cleared three employees of a Colorado homeowners' association to vote on representation by an International Association of Machinists local lodge next month, rejecting the association's argument that it isn't subject to the board's jurisdiction.

  • April 26, 2024

    NLRB Official Clears Detroit Medical Residents For Union Vote

    A National Labor Relations Board official has greenlighted a union representation election at a Michigan nonprofit that places medical school graduates in residencies, internships and fellowships at a Detroit hospital consortium, rejecting the nonprofit's attempts to either prevent the election or narrow the voting pool.

  • April 26, 2024

    NLRB Won't Disturb Union Election At Wash. Newspaper

    A divided National Labor Relations Board panel backed a regional director's decision over a vote allowing advertising employees to decide whether to join an existing bargaining unit at a Washington state newspaper, with a dissenting board member finding the employees don't share enough in common.

Expert Analysis

  • 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.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • 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.

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