Labor

  • March 22, 2024

    NY Forecast: Conn. Town Worker Sex Bias Case At 2nd Circ.

    In the coming week, the Second Circuit will consider a former Connecticut town employee's attempt to revive a lawsuit claiming she faced sexual harassment on the job without an adequate response from the town. Here, Law360 explores this and other cases on the docket in New York.

  • March 21, 2024

    SpaceX's Severance Agreement Is Illegal, NLRB Attys Say

    The National Labor Relations Board's Seattle office claimed SpaceX's severance agreement included confidentiality and non-disparagement clauses that violate federal labor law, according to a complaint copy obtained by Law360 on Thursday, with board prosecutors asking for a recorded notice reading scheduled for workers across the country to attend.

  • March 21, 2024

    DC Circ. Nixes Union's Bid To Send NLRB Appeal To 7th Circ.

    The D.C. Circuit denied Thursday a request from an International Union of Operating Engineers local to transfer an appeal over a National Labor Relations Board decision to the Seventh Circuit, saying the union didn't prove that the move was warranted.

  • March 21, 2024

    Kroger's Dues Cutoff Was Illegal, NLRB Judge Says

    Kroger violated federal labor law by ceasing to send workers' dues to their union amid negotiations for a new contract, a National Labor Relations Board judge said Thursday, rejecting the company's argument that prosecutors manipulated the case to take advantage of a change in the relevant precedent.

  • March 21, 2024

    Railroad Wants Arb. Order Nixed In Union Alcohol Test Dispute

    Union Pacific can't rehire a worker who failed a breathalyzer test without violating federal regulations banning alcohol use by railroad employees, the railroad argued in Nebraska federal court, urging the court to strike down an arbitration board's reinstatement order.

  • March 21, 2024

    6th Circ. Zeroes In On CBA In Vax Bias Preemption Battle

    A Sixth Circuit panel pressed on Thursday a cargo airline and pilots who say they were unlawfully fired for refusing COVID-19 vaccinations about the pilots' union contract, with one judge asking whether the open questions about their collective bargaining agreement meant the discrimination case was preempted.

  • March 21, 2024

    Mo. Hospital Stopped Recognizing SEIU Too Soon, NLRB Says

    A Missouri hospital violated federal labor law by withdrawing recognition from a Service Employees International Union affiliate after workers voted to oust it rather than waiting until the decertification election results were certified, the National Labor Relations Board has ruled, upholding a board judge's finding.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    Penn Grad Worker Unit Leaves Out Some Science Fellows

    A National Labor Relations Board official ordered a representation election among graduate student workers at the University of Pennsylvania, but left out of the bargaining unit some 300 student workers in biology and biomedical sciences programs, finding that the union previously said they shouldn't be included.

  • March 20, 2024

    Conn. Panel Says Carveout Allows Cop To Fight Firing

    A fired Connecticut police sergeant and his union can pursue a court appeal in an effort to reinstate his job because the decision at issue is a final, appealable judgment under a carveout in the applicable law, the state appeals court has ruled.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 19, 2024

    Feds, NY Residents Spar Over Congestion Pricing Battle

    Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 20, 2024

    Senate Confirms SEIU General Counsel As 4th Circ. Judge

    The Senate voted 50-47 on Tuesday evening to confirm Nicole Berner, general counsel of the Service Employees International Union, to a Fourth Circuit judgeship.

  • March 19, 2024

    State Court To Hear Seattle's Issue With Vax Firing Arb. Award

    A Washington state court will review an arbitrator's decision to fault the city of Seattle for firing a worker for not getting a COVID-19 vaccination, agreeing to hear the city's argument that the arbitrator improperly weighed in on an issue he wasn't supposed to consider.

  • March 19, 2024

    GC Urges NLRB To Grow Remedies For Work Rule Violations

    National Labor Relations Board general counsel Jennifer Abruzzo urged the board on Tuesday to expand the remedies it will order in cases involving overly broad work rules, saying employers should be required to walk back discipline and other actions against more employees who violated an unlawful rule.

  • March 19, 2024

    NLRB, Starbucks Jointly Drop Store Merger Injunction Case

    A Washington federal court approved a joint request from Starbucks and the National Labor Relations Board to dismiss an injunction case related to claims that the coffee chain tried to illegally quell organizing efforts with the consolidation of three Seattle stores.

  • March 19, 2024

    Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit

    Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.

  • March 18, 2024

    Dartmouth College Won't Bargain With Men's Basketball Team

    Dartmouth College is rejecting a bid by a Service Employees International Union local to bargain for a contract covering men's basketball players, a university spokesperson said Monday, signaling the school's plan to take to federal court its fight over whether collegiate athletes are statutory employees.

  • March 18, 2024

    9th Circ. Frees Kaiser, Union From Fired Calif. Nurse's Suit

    Kaiser Permanente and the California Nurses Association defeated a fired nurse's lawsuit Monday, with the Ninth Circuit affirming that the nonprofit health care giant had valid reasons for firing her and that the union adequately represented her in her challenge to the termination.

  • March 18, 2024

    House Committee Launches Probe Into Union 'Corruption'

    The House Education and Workforce Committee's chairwoman began an investigation into 12 unions over concerns about union officials' "fraud, embezzlement, and corruption," according to an announcement, calling for labor organizations to share documents with the committee.

  • March 18, 2024

    Minute Media Buys Rights To Publish Sports Illustrated

    Digital content business Minute Media has purchased the publishing rights for Sports Illustrated, keeping alive a longtime brand that recently obliterated its newsroom with layoffs and shut down its betting platform, according to a Monday announcement.

  • March 18, 2024

    2nd Circ. Won't Revive CUNY Profs' Union Antisemitism Suit

    The Second Circuit won't revive a suit lodged by six Jewish professors at the City University of New York claiming that a state law unlawfully requires them to associate with a union that they allege holds antisemitic views, ruling that the provision passes muster under the U.S. Constitution.

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

    Author Photo

    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

    Author Photo

    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

    Author Photo

    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

    Author Photo

    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

    Author Photo

    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

    Author Photo

    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

    Author Photo

    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

    Author Photo

    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

    Author Photo

    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

    Author Photo

    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

    Author Photo

    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

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