Labor

  • 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.

  • December 05, 2024

    Post-Gazette Opposes Paying Strikers' Healthcare Costs

    The Pittsburgh Post-Gazette should not have to cover its striking workers' healthcare costs as punishment for alleged bad-faith bargaining, the newspaper argued to a Pennsylvania federal judge, saying it already worked out its healthcare obligations with the workers' unions in 2020.

  • December 05, 2024

    Starbucks, Union Seek OK Of Settlement Over Store Closings

    Starbucks and Workers United asked a National Labor Relations Board judge to approve their settlement to allegations that the company closed nearly two dozen stores to stifle union organizing, urging the judge to sign off on the deal over the objections of NLRB prosecutors.

Expert Analysis

  • 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.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

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