Labor

  • July 16, 2024

    Refugee Nonprofit, USW Notch $198K Deal To Resolve ULPs

    A refugee support nonprofit in Pittsburgh settled the United Steelworkers' unfair labor practice claims over terminations and the denial of wage hikes, according to a copy of the settlement obtained by Law360 on Tuesday, with the organization agreeing to shell out more than $198,000 as part of the deal.

  • July 16, 2024

    NLRB Prosecutors Won't Slow Injunction Pursuit, GC Says

    National Labor Relations Board prosecutors should continue seeking injunctions in federal court while pursuing unfair labor practice litigation in administrative court despite the U.S. Supreme Court making it harder to obtain those injunctions, the agency's general counsel said in a memo issued Tuesday.

  • July 16, 2024

    7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit

    The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.

  • July 16, 2024

    Union Fund Trustees Say Elevance Usurped Fiduciary Power

    The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.

  • July 16, 2024

    NLRB Joint Employer Order 'Riddled With Flaws', Google Says

    The National Labor Relations Board's finding that Google and its contractor Cognizant are joint employers is "riddled with … flaws," the two companies argued to the D.C. Circuit, challenging the board's application of its 2020 rule when reviewing control over supervision and benefits.

  • July 16, 2024

    NLRB Official Clears NJ Fast-Food Workers To Vote On Union

    Workers at a Jollibee fast-food restaurant in Jersey City, New Jersey, can vote on representation by an independent union, a National Labor Relations Board official found, saying Jollibee Workers United qualifies as a labor organization under federal labor law.

  • July 16, 2024

    NLRB Will Review Supervisor Union Vote At SoCal Co.

    The National Labor Relations Board will review an agency official's decision to let four supervisors at a Southern California company vote on unionizing, indicating Tuesday that it plans to take a closer look at whether the supervisors have the type of authority that would render them ineligible to unionize.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Teamsters Must Stay Out Of Cannabis Law Row, Co. Says

    The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.

  • July 15, 2024

    Yellow Corp. Denied Redo In $137M Teamsters Fight

    A Kansas federal judge held firm Monday on her decision to throw out Yellow Corp.'s $137 million lawsuit against the Teamsters, in which the trucking company accused the union of driving it into bankruptcy by fighting a necessary corporate restructuring.

  • July 15, 2024

    UAW Staff Culture Needs More Work, Monitor Says

    Remnants remain of the "culture of fear and reprisal" that gripped the United Auto Workers when union leaders were embezzling funds and accepting bribes from automakers in the 2010s, but progress has been made toward cultural change at the union, a court-appointed monitor said in his latest report.

  • July 15, 2024

    Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use

    An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

    The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.

  • July 15, 2024

    Union Fund Asks Justices To Reject Withdrawal Liability Case

    A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Apple Wrongly Fired Worker For Mass Emails, NLRB Atty Says

    Apple should be held responsible for a federal labor law violation for interrogating, disciplining and firing a software engineer who sent mass emails about her workplace concerns, a National Labor Relations Board prosecutor told an agency judge after a hearing in a case against the technology giant.

  • July 12, 2024

    Split DC Circ. Backs NLRB Bargaining Order Against NY Hotel

    A divided D.C. Circuit panel on Friday upheld a National Labor Relations Board decision finding that a Brooklyn hotel's operator illegally refused to bargain with a union over economics until noneconomic issues were settled, finding the board's bargaining order was proper under federal labor law.

  • July 12, 2024

    5th Circ. Injects Some 'Confusion' Into NLRB Outburst Test

    A recent Fifth Circuit ruling vacating a National Labor Relations Board decision that restored protections for workers who mouth off during workplace actions doesn't undercut the board's policy but may complicate its enforcement, at least in the short term.

  • July 12, 2024

    Union Must Face Black Truck Driver's Race Bias Suit

    An Ohio federal judge refused to throw out a Black truck driver's suit against the International United Auto Workers, saying he put forward enough information to support his allegation that the union did a poor job of representing him when his employer fired him for his social media posts.

  • July 12, 2024

    Laborers Local Beats Las Vegas Hiring Hall Rule Challenge

    A National Labor Relations Board judge tossed two former union members' claims that their Laborers local maintained an unwritten, arbitrary rule at its Las Vegas hiring hall that it didn't tell members about, holding that the rule was sensible and members were informed of it.

  • July 12, 2024

    NY Artist Violated Law Amid Union Drive, NLRB GC Says

    A New York City-based artist violated federal labor law by requiring workers to attend a so-called captive audience meeting and firing a union supporter, National Labor Relations Board prosecutors alleged, calling for the employer to issue an apology letter and read a notice of workers' rights.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

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.