Labor

  • October 16, 2024

    Business Groups Back Amazon's 5th Circ. NLRB Challenge

    A coalition of business groups filed an amicus brief backing Amazon's Fifth Circuit challenge to the National Labor Relations Board's constitutionality, saying the board's members have unconstitutional job protections because they are "experts in nothing but the board's own internal rules."

  • October 16, 2024

    Ashland U. General Counsel Joins Ogletree In Ohio

    The general counsel of Ashland University, a private university in Ohio, has made the move to private practice at Ogletree Deakins Nash Smoak & Stewart PC.

  • October 15, 2024

    Kirkland-Led Boeing Seeks Up To $35B Amid Labor Strike

    Boeing notified regulators on Tuesday of plans to raise up to $35 billion through securities offerings and a credit agreement, guided by Kirkland & Ellis LLP, as the aviation giant seeks access to cash amid a prolonged strike and production cuts.

  • October 15, 2024

    Union Can't Sue Airline Without Fired Workers, Judge Says

    A Minnesota federal judge has trimmed a Teamsters lawsuit accusing Sun Country Airlines of firing two employees for their union organizing work, saying Tuesday that the workers must be parties to the suit for certain claims to proceed.

  • October 15, 2024

    NLRB Union Election Petitions Jump 27% In FY 2024

    The National Labor Relations Board saw a bump in representation election petitions and unfair labor practice charges filed during the past fiscal year, the agency announced, highlighting a doubling of election petition filings since fiscal year 2021.

  • October 15, 2024

    Ex-FCA Exec's Wife Must Turn Over Notes In GM RICO Suit

    A Michigan state judge said Tuesday that the wife of a former Fiat Chrysler executive accused of participating in a bribery scheme must turn over notes she took about their conversations, ruling that a state law protecting spouses from testifying against each other only applies to in-court testimony.

  • October 15, 2024

    Abruzzo Sees 'Chaos' If NLRB Isn't Allowed To Function

    The National Labor Relations Board's top prosecutor said Tuesday that there would be "chaos" if the agency isn't permitted to do its job, addressing recent attacks from employers about the constitutionality of the board and her vision of federal labor law being a "pro-worker statute."

  • October 15, 2024

    Construction Co. Gets Worker's Wage Suit Sent To Arbitration

    A California federal judge shipped a worker's wage and hour proposed class action to arbitration, saying a construction company's collective bargaining agreement requires he waive his Private Attorneys General Act claim and proceed individually on his allegations.

  • October 15, 2024

    Justices Deny Auto Parts Co.'s Appeal Of Bargaining Order

    The U.S. Supreme Court passed on the opportunity Tuesday to review the District of Columbia Circuit's holding that a Michigan auto parts manufacturer unlawfully withdrew recognition from a United Auto Workers local and must bargain with it.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    School Lunch Co. Didn't Need to Bargain, NLRB Judge Says

    A school lunch company didn't need to bargain with a UNITE HERE local after stepping in for another company that voluntarily recognized the union, a National Labor Relations Board judge ruled, saying the predecessor's recognition of the union wasn't valid.

  • October 15, 2024

    High Court Rejects Emergency NLRB Constitutional Challenge

    In the first case related to the National Labor Relations Board's constitutionality to reach the U.S. Supreme Court, Justice Brett Kavanaugh on Tuesday denied a car parts maker an emergency injunction that would've blocked the agency from pursuing a labor lawsuit.

  • October 11, 2024

    Boeing Cuts 17K Jobs, Hits Union With Bargaining Charges

    Boeing's new chief executive on Friday said the aerospace giant will cut its workforce by about 17,000 jobs as part of a restructuring effort as the company enters a new chapter of regulatory scrutiny and production delays, a day after accusing the union representing striking factory workers of bad-faith bargaining.

  • October 11, 2024

    Unions Say EPA Rule Contains Protective Wear Loophole

    Two major trade unions told the D.C. Circuit that the U.S. Environmental Protection Agency promulgated a rule that lets the agency consider the use of personal protective equipment when conducting risk evaluations, in violation of federal law.

  • October 11, 2024

    Seattle Police Guild Tells Judge Shooting Didn't Warrant Firing

    A Seattle police officers' union argued in Washington state court on Friday a former cop acted reasonably when she shot at a suspect fleeing in a stolen vehicle, defending an arbitrator's decision to downgrade her firing to a 60-day suspension amid a challenge by the city.

  • October 11, 2024

    Data Co. Had Unlawful Provisions In Pacts, NLRB Judge Says

    An information technology service company illegally maintained provisions in its employment and separation agreements that could discourage workers from exercising their rights under federal labor law, a National Labor Relations Board judge ruled, telling the business to walk back some portions of the pacts.

  • October 11, 2024

    Starbucks Changed Back Room Access, NLRB Judge Says

    Starbucks violated federal labor law by more strictly enforcing several policies at two California cafes after workers organized with a union, a National Labor Relations Board judge ruled, including barring off-duty workers from accessing back areas of the store.

  • October 11, 2024

    NLRB Hits Apple With Complaint Over Worker Surveillance

    Apple interrogated workers who spoke to reporters about the company or posted about it on social media, then fired a worker who repeatedly raised concerns, the National Labor Relations Board said in a complaint.

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    Telecom Co. Illegally Denied Union Unit Work Info, NLRB Says

    An internet service provider in Montana violated federal labor law by not giving an International Brotherhood of Electrical Workers local requested information about non-bargaining unit workers, a divided National Labor Relations Board panel determined, with a dissenting board member finding the union didn't adequately prove relevance.

  • October 11, 2024

    NY Forecast: 2nd Circ. Hears Blue Man Group Union Dispute

    This week, the Second Circuit will consider the National Labor Relations Board's bid to enforce an order finding a school founded by members of the Blue Man Group refused to bargain with a United Auto Workers local after the union's 2021 election victory.

  • October 11, 2024

    Teamsters Demand Intervenor Status In 5th Circ. Amazon Feud

    The Fifth Circuit must permit the Teamsters Amazon National Negotiating Committee to intervene in Amazon's constitutional fight against the National Labor Relations Board, the committee argued, saying limits on the group's participation are detrimental to the workers it represents.

  • October 11, 2024

    Calif. Forecast: $12M PNC Wage Deal Heads To Judge

    In the coming week, attorneys should keep an eye out for the potential final approval of a nearly $12 million deal to resolve a wage and hour class action against PNC Bank NA. Here's a look at that case and other labor and employment matters coming up in California.

  • October 10, 2024

    Energy Co. Tells 5th Circ. Not To Combine NLRB Challenges

    An energy company asked the Fifth Circuit on Thursday to keep three disputes involving the structure of the National Labor Relations Board separate, arguing consolidation isn't the right call because the cases have different facts.

Expert Analysis

  • NY Bill Would Alter Labor Relations In Fashion Industry

    Author Photo

    A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

  • How The NLRB Is Pushing For Expanded Remedies

    Author Photo

    The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employees' Input On ESG May Reduce Risks Of Unionization

    Author Photo

    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

    Author Photo

    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

    Author Photo

    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • Defeating Motions To Decertify FLSA Collective Actions

    Excerpt from Practical Guidance
    Author Photo

    Matthew Helland at Nichols Kaster lays out plaintiff strategies that can help beat a defendant’s motion to decertify a Fair Labor Standards Act collective action and convince the judge that a case should be tried on a groupwide basis, highlighting key issues such as representative proof and varying circuit frameworks.

  • Why NLRB's Return To Joy Silk Would Offer Few Advantages

    Author Photo

    The National Labor Relations Board general counsel's recent push for the reinstatement of the Joy Silk doctrine — which forces employers to bargain with workers after the company has infringed on their organizing rights — appears to be a solution in search of a problem and would almost certainly lead to more litigation, says Peter Finch at Davis Wright.

  • Employer Lessons After Diverging Amazon Union Outcomes

    Author Photo

    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

    Author Photo

    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

    Author Photo

    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

  • BIPA Ruling May Limit Employer Liability Under Labor Law

    Author Photo

    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

    Author Photo

    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

    Author Photo

    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.