Labor

  • April 15, 2024

    Justices Won't Review Ex-NYC Union Head's Bribery Rap

    The U.S. Supreme Court on Monday declined to take up the appeal of a former New York City union president who was convicted of taking bribes from now-defunct hedge fund Platinum Partners, rejecting a petition that argued his attorney failed to tell him about the trial judge's conflicts of interest.

  • April 12, 2024

    Hospital Asks DC Circ. To Rethink 'Successor Bar' Ruling

    A Puerto Rico hospital on Friday asked the D.C. Circuit to reconsider a February panel decision that upheld the National Labor Relations Board's finding that the hospital unlawfully withdrew recognition from a union, saying it was too deferential to the board's interpretation of federal labor law.

  • April 12, 2024

    Starbucks Warns Of Open 'Floodgates' With NLRB Deference

    Starbucks told the U.S. Supreme Court on Friday that siding with the National Labor Relations Board's arguments about deference to the agency for federal court injunction requests would "open the floodgates" in other ways for deference to federal agencies.

  • April 12, 2024

    DC Circ.'s NLRB Rebuke Aids Employers' Monitoring Defense

    A recent D.C. Circuit decision knocking the National Labor Relations Board for finding a trucking company illegally barred a driver from covering his in-cabin camera could be good news for employers amid an initiative by the board's chief prosecutor to curb workplace monitoring.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    US Steel Stockholders Greenlight $14.9B Sale To Nippon

    U.S. Steel said Friday that its shareholders have "overwhelmingly" approved the American steel company's nearly $15 billion takeover by Japan's Nippon Steel, a positive development in a deal that's otherwise received a high degree of political and regulatory scrutiny. 

  • April 12, 2024

    Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • April 12, 2024

    Whole Foods Illegally Sought Group Chats, NLRB Judge Says

    Whole Foods illegally requested group chat messages between a fired employee and co-workers as part of a Title VII case now before the First Circuit, a National Labor Relations Board judge ruled, finding the co-workers have a right to shield communications about their protected activities.

  • April 12, 2024

    Calif. Forecast: Twitter Wants Age Bias Suit Tossed

    In the coming week, attorneys should keep an eye out for the potential dismissal of a proposed age discrimination class and collective action against Twitter Inc. and its successor, X Corp. Here's a look at that case and other labor and employment matters on deck in California.

  • April 12, 2024

    NY Forecast: 2nd Circ. Hears Tech Co. Retaliation Suit

    This week, the Second Circuit will consider a former marketing manager's lawsuit claiming that the head of the technology company where she worked sexually harassed her and that she was fired after she refused his advances. Here, Law360 explores this and other cases on the docket in New York.

  • April 11, 2024

    Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

    A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

  • April 11, 2024

    'Extensive' Anti-Union Bid Merits Bargaining Edict, NLRB Says

    A National Labor Relations Board panel issued a bargaining order against a tank cleaning company that engaged in an "extensive" anti-union campaign, but a dissenting board member said some of the remedies ordered by the majority were "overkill."

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 11, 2024

    Fired Yellow Corp. Workers Can Proceed With Class Action

    A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.

  • April 11, 2024

    Amazon GC's Comp. Dropped In '23 After Prior Stock Awards

    Amazon general counsel and longtime employee David Zapolsky saw his total reported compensation dip significantly — from about $18.2 million in 2022 to $371,600 in 2023 — due to the impact of stock awards, a Thursday securities filing shows.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 10, 2024

    US, Mexico Resolve Labor Complaints At Two Mexico Plants

    Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.

  • April 10, 2024

    Senate Disapproves Of NLRB Joint Employer Rule

    A resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers is headed to President Joe Biden's desk following a close U.S. Senate vote Wednesday, though the president has pledged not to sign.

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    9th Circ. Doubts Calif.'s Standing In DOL Union Transit Fight

    The Ninth Circuit appeared open Wednesday to restoring the U.S. Department of Labor's power to deny California transit funding because of a perceived conflict between state pension law and bargaining rights, focusing on the state's standing in a dispute that began between the DOL and a union.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Penn Fellows' Exclusion From Union Vote Reversed By NLRB

    University of Pennsylvania graduate students studying biology and biochemistry under fellowships can vote alongside other graduate students in an upcoming union representation election, the National Labor Relations Board ruled Wednesday, overturning a finding that a 2017 agreement required their exclusion.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Electrical Workers Union Sues LIRR Over Cannabis Firing

    The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.

Expert Analysis

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Does NLRA Preempt Suits Against Unions For Strike Damage?

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    The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

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