Labor

  • January 08, 2025

    Post-Gazette Contract Offers Were Bogus, Union Atty Testifies

    Offers the Pittsburgh Post-Gazette's publisher made to production employees' unions would have taken workers backwards or left them worse off than if they had no contracts at all, an attorney for the union testified Wednesday as part of the National Labor Relations Board's bid to force the parties back to bargaining.

  • January 08, 2025

    Welch's Asks 3rd Circ. To Nix Alleged Harasser Rehire Order

    Welch's is asking the Third Circuit to undo a September order from a Pennsylvania judge requiring it to rehire a worker fired for allegedly sexually harassing a co-worker, saying the labor arbitrator who issued the decision failed to make a clear finding of fact both initially and on remand.

  • January 08, 2025

    NJ Marriott Hotel Operator Must Rehire Union Supporters

    The operator of a Marriott hotel in New Jersey must reinstate the six union supporters it fired in 2023 and bargain with the Hotel and Gaming Trades Council, a New Jersey federal judge has ruled, granting a National Labor Relations Board official's petition for an injunction. 

  • January 08, 2025

    NLRB Judge OKs Apple's Firing Of Mass-Emailing Engineer

    Apple was within its rights under federal labor law to terminate a California-based software engineer who raised concerns about her workplace in mass emails, a National Labor Relations Board judge ruled, saying the worker wasn't bringing complaints on behalf of other employees.

  • January 07, 2025

    Amazon's Internal Posting Rules Are Illegal, NLRB Judge Says

    Amazon unlawfully maintained rules restricting workers' communications on an internal digital whiteboard, a National Labor Relations Board judge concluded Tuesday, ordering the e-commerce giant to post a notice at facilities nationwide where the platform was used.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    3rd Circ. NLRB Remedy Rejection May Aid Unions On Defense

    A recent Third Circuit opinion rejecting the National Labor Relations Board’s imposition of heightened remedies on employers may also provide unions a hidden benefit by limiting labor organizations’ liability when they're the ones in the board's sights, as may happen more often in President-elect Donald Trump’s second term.

  • January 07, 2025

    End Of McFerran's Term Warrants New NLRB Order, Cos. Say

    The National Labor Relations Board must reconsider a decision it released after former Chairman Lauren McFerran's term expired last month, two electrical contractors argued, alleging the order that revived union election petitions can't stand.

  • January 07, 2025

    Amazon Fights Claims Of Retaliation Against Worker Protest

    Amazon placed a former employee on a performance improvement plan not to punish her for co-organizing a walkout but because she struggled in her role, the company told a National Labor Relations Board judge, requesting dismissal of board prosecutors' claims of retaliation against the worker.

  • January 06, 2025

    Wash. Labor Dept. Escapes Union's Farm Wage Challenge

    A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    Pa. Paper Fights NLRB's 'Rare' Injunction Bid At 3rd Circ.

    The publisher of the Pittsburgh Post-Gazette challenged the National Labor Relations Board's "rare" injunction motion to make it bargain with a union and rescind unilateral changes to healthcare benefits, telling the Third Circuit that the newspaper lawfully asserted an impasse in talks.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    NLRB GC Details Changes To Casehandling Processes

    The National Labor Relations Board's top prosecutor explained Monday what case handling modifications the agency has made during her tenure, such as giving questionnaires to charging parties and attempting to resolve cases before initiating investigations, while outlining upcoming changes to how docket information can be accessed.

  • January 06, 2025

    Tool Co.'s Labor Subpoenas Were Illegal, NLRB Judge Says

    An Indiana tool company used National Labor Relations Board litigation against it as an opportunity to pry into two former employees' union activity, a NLRB judge has ruled, finding the company served the workers with invasive subpoenas during the discovery phase of the case.

  • January 03, 2025

    Google Accused Of Refusing To Bargain With Contractor Unit

    National Labor Relations Board prosecutors have accused Google of violating a duty to bargain with unionized workers at one of its contractors, teeing up a challenge to an official's ruling that the tech giant is the workers' joint employer.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Calif. Captive Audience Meeting Ban Hit With Legal Challenge

    Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 03, 2025

    NLRB Official Approves Union Vote At W.Va. Health Center

    Workers at a West Virginia nonprofit behavioral health center for adults with intellectual disabilities can vote on union representation, a National Labor Relations Board official ruled, rejecting the nonprofit's argument that the union should also include workers at two other facilities in the state.

  • January 02, 2025

    9th Circ. Revives Cos.' Suit Over Unions' SeaWorld Lobbying

    The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.

  • January 02, 2025

    9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight

    The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.

  • January 02, 2025

    NLRB Judge Says Employment Pact Case Hit Wrong Employer

    A National Labor Relations Board judge has recommended dismissing a case accusing a New York City hospital system of including unlawful language in its employment contracts, saying agency prosecutors did not show that the hospital system employs the part-time physicians at issue in the case.

  • January 02, 2025

    Saxton & Stump Adds Employment Atty In 2-Pronged Position

    A veteran employment attorney will pull double duty in her new role at Saxton & Stump as part of the Pennsylvania-based firm's employment team and as an adviser for its affiliate human resources consulting company.

Expert Analysis

  • 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.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

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