Labor

  • December 10, 2024

    NLRB Reworks Standard For Employers' Unilateral Changes

    The National Labor Relations Board made it more difficult Tuesday for employers to make changes to their employees' working conditions without approval from their union, replacing a Trump-era standard that strengthened management rights clauses in labor contracts.

  • December 10, 2024

    Ill. Steelmaker Fired Workers For Striking, NLRB Judge Says

    An Illinois steel manufacturer must reinstate six employees who were fired after they walked off the job to protest their work conditions, a National Labor Relations Board judge ruled, saying the firings violated the National Labor Relations Act.

  • December 10, 2024

    Conn. AG Invited To Weigh In On Nurses Union's OT Dispute

    A Connecticut federal judge has given the state's attorney general a chance to intervene in a nurses union's suit against a hospital over its practice of requiring nurses to work overtime, saying the constitutionality of a new state statute is at the heart of this dispute.

  • December 10, 2024

    NLRB Judge Protections Get Ax In Constitutional Challenge

    A Washington, D.C., federal judge on Tuesday sided with a Massachusetts hospital in its challenge to National Labor Relations Board judges' job protections, saying the board's judges must be removable at will, but stopping short of holding that their protections are a basis for blocking cases they're currently hearing.

  • December 09, 2024

    3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order

    The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.

  • December 09, 2024

    NLRB Attys Say Co. Wasn't Owed Hearing In Broken Deal Case

    The National Labor Relations Board wasn't required to hold a hearing before finding an Illinois plumbing and fire suppression company violated its settlement with a plumbers local, the board told the Seventh Circuit, asking the court to reject the company's argument that its due process rights were violated.

  • December 09, 2024

    Trade Groups Unharmed By Wage Rule Changes, DOL Says

    The U.S. Department of Labor urged a Texas federal court to grant it a win in two trade associations' lawsuit over its final rule updating prevailing wage rates for federal construction projects, saying the groups can't show they are harmed by these Davis-Bacon Act changes.

  • December 09, 2024

    Justices Pan Broadway Producer's Blacklist Suit Revival Bid

    The U.S. Supreme Court has dashed a Broadway producer's hopes that it would breathe new life into his claims accusing a stage workers union of breaking antitrust laws by discouraging members from working with him following complaints about unpaid wages.

  • December 09, 2024

    NLRB Nixes Chemical Co.'s Bid To Toss Bargaining Remedy

    A chemical manufacturer's Seventh Amendment claim won't stop agency prosecutors' request for a remedy requiring the company to pay for lost bargaining opportunities, a divided National Labor Relations Board panel determined, saying the U.S. Supreme Court has blessed the lack of a jury trial in board cases.

  • December 09, 2024

    Union Says Flight Attendant Withdrew Grievance, Can't Sue

    A United Airlines flight attendant withdrew the grievance she filed after getting fired over a 2021 passenger confrontation regarding mask compliance, and thus gave up her shot to sue her union, the union told a Colorado federal court, seeking to dismiss the worker's fair representation allegations.

  • December 06, 2024

    AFL-CIO Says Lighting Co. Shouldn't Get NLRB Suit Block

    The AFL-CIO has backed the National Labor Relations Board in opposing a lighting company's attempt to block the agency from pursuing a case against it over what the company alleges are unconstitutional removal protections of its members, saying the company hasn't met its burden of showing the president wanted to fire board members.

  • December 06, 2024

    Teamsters Say Amazon Must Plan Bargaining By Dec. 15

    Teamsters leaders announced Friday that they've given Amazon until Dec. 15 to agree to bargaining dates for a first contract, saying the company will "face the consequences of its inaction" if it does not.

  • December 06, 2024

    SAG-AFTRA Plan Left Data Exposed To Breach, Members Say

    The SAG-AFTRA Health Plan lacked adequate security to keep personal information safe from a September data breach, two members alleged in California federal court, saying a proposed class is at risk for a "full gamut of cyber-crimes," including identity theft and phishing scams.

  • December 06, 2024

    Possible Firings Could Mean 'Chaos' At Labor Board

    President-elect Donald Trump is considering the unprecedented move of firing the National Labor Relations Board's Democratic members, which could hamper the agency and kick off a legal battle with far-reaching consequences.

  • December 06, 2024

    Nurses Union's OT Suit Must Be Tossed, Hospital Says

    A hospital urged a Connecticut federal court to throw out a nurses union's lawsuit that seeks to bar the hospital from forcing nurses to work overtime, saying the union's attempt to invoke a state law flies in the face of the terms set out in a collective bargaining agreement.

  • December 06, 2024

    Boilermakers Ex-President Loses Appeal Fighting Ouster

    A panel of International Brotherhood of Boilermakers vice presidents had the power to oust the union's president on corruption charges, the Tenth Circuit held, affirming a Kansas federal judge's ruling.

  • December 06, 2024

    NLRB Judge Greenlights Counting Of Ballots At Cannabis Co.

    Ballots challenged in a representation election at a cannabis product manufacturer in Washington state should be counted, a National Labor Relations Board judge concluded, tossing the company's claims that some voters are ineligible because they are agricultural laborers who aren't covered under federal labor law.

  • December 06, 2024

    Calif. Forecast: Bay Area Transit Agency Seeks Vax Trial Redo

    In the coming week, attorneys should watch for a potential ruling on a motion for judgment or a new trial in a COVID-19 vaccination mandate case by San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • December 06, 2024

    NY Forecast: 2nd Circ. Weighs Reviving Prevailing Wage Suit

    This week, the Second Circuit will consider an attempt from workers to revive their suit accusing a fire suppression company of violating state and federal wage and hour law by not paying them prevailing wages on public projects. Here, Law360 looks at this and other cases on the docket in New York.

  • December 05, 2024

    Scabby Must Be Permitted At Ohio Airport, Union Tells Judge

    An Ohio airport authority should be ordered to allow Scabby the Rat to protest a benefits agreement dispute near a future groundbreaking ceremony, a union argued to a federal judge Thursday, saying a bar on displaying the inflatable rodent violates its free speech rights.

  • December 05, 2024

    Sony Illegally Interfered With Leafleting In Calif., CWA Says

    A Sony subsidiary violated federal labor law by attempting to restrict leafleting activity at a video game studio in Los Angeles, the Communications Workers of America alleged in an unfair labor practice charge obtained by Law360 on Thursday.

  • December 05, 2024

    Colo. Sheriff Says County Worker Rights Law Can't Touch Him

    A Colorado sheriff is suing the state to challenge application of a collective bargaining law to him, arguing in a complaint filed Wednesday in Denver District Court that applying the law to sheriffs interferes with their legal authority and independence.

  • December 05, 2024

    DC Circ. Skeptical Of NLRB In Impasse Threat Case

    The D.C. Circuit appeared skeptical Thursday of a National Labor Relations Board decision finding a quarry violated federal labor law by threatening to withdraw from a pension plan without reaching an impasse in bargaining, with one judge suggesting the union and company had clearly deadlocked on the issue.

  • December 05, 2024

    UPS Settles Deaf Worker's Suit Over Denied Interpreters

    UPS has reached a deal with a deaf package handler to shutter his suit filed in Wisconsin federal court claiming the delivery company wouldn't provide interpreters for important meetings and blocked him from securing promotions, according to a court filing Thursday.

  • December 05, 2024

    NLRB Official Greenlights New Union Vote At Ambulance Co.

    Workers at a Michigan ambulance services company may vote on whether they want a new union representing them, a National Labor Relations Board official concluded, finding the company's existing contract with an incumbent United Food and Commercial Workers local doesn't prevent the election from proceeding.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

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    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

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