Labor

  • March 25, 2024

    NLRB's Budget Stays At $299M In Final Budget Deal

    The federal funding bill President Joe Biden signed over the weekend keeps the National Labor Relations Board's budget at a little under $300 million for the rest of the fiscal year and maintains a longstanding bar against holding union elections electronically.

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    Boeing Laid Off Pilots Over Union Vote, NLRB Judge Says

    Boeing violated federal labor law by laying off union-represented flight training airplane instructor pilots after they voted against decertifying their bargaining representative, a National Labor Relations Board judge ruled, saying the company was punishing the pilots for failing to oust the union after two opportunities.

  • March 25, 2024

    Starbucks Distributor Can't Nix 'Act Of God' Award

    An arbitrator properly determined that the COVID-19 pandemic wasn't an "act of God" that excused a Starbucks distributor's reduction of hours for Teamsters-represented workers, an Illinois federal judge ruled, nixing the company's claim that the award didn't stem from the parties' labor contract.

  • March 22, 2024

    Missed Deadline May Doom Union Worker's Benefits Fight

    A Michigan federal judge on Friday warned a union worker alleging the United Auto Workers mismanaged her claim for benefits that she could have her lawsuit dismissed if she doesn't respond to the union's request to toss the accusations.

  • March 22, 2024

    NLRB Bargaining-Cost Deal Is A Small Boost To GC's Initiative

    A recent settlement in which a security company agreed to pay workers for withheld raises represents a win for the NLRB's top prosecutor in her initiative to compensate workers whose employers undermine bargaining, but the facts of the case mean there's not much to glean for other disputes, experts say.

  • March 22, 2024

    Foley Hoag Adds Employment Atty To Denver Office

    A former Sherman & Howard LLC attorney advising employers on union organizing campaigns, collective bargaining and unfair labor practice cases is now a Foley Hoag LLP partner in Denver, the firm announced, where he will bring 20-plus years of experience in private practice and as an NLRB attorney.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Union Seeks Quick Win In Nuclear Plant Healthcare Row

    An IBEW local is urging a Pennsylvania federal judge to grant it a quick win in its fight to send to arbitration a grievance challenging a nuclear power plant operator's healthcare benefits contributions, arguing that the dispute falls within the parameters of the union's collective bargaining agreement.

  • March 22, 2024

    'Common Sense' Mich. Ruling Says Photos Not Eavesdropping

    Michigan appellate judges said it's common sense that taking a photograph isn't the same as overhearing a conversation, agreeing with a lower court that a union leader's eavesdropping claim against a rival should be tossed because an image of him posted online doesn't convey a private discussion.

  • March 22, 2024

    NLRB Urges 7th Circ. To Toss Union's Sanctions Bid

    The National Labor Relations Board challenged an International Union of Operating Engineers local's "wholly inappropriate" sanctions bid against the agency at the Seventh Circuit, telling the appeals court that the union can't raise an argument related to the lawfulness of a punch-in policy for strike replacement workers.

  • March 22, 2024

    Md. Home Health Agency Must Rehire Raise-Seeking Worker

    A Maryland home healthcare agency violated federal labor law by discharging an employee who'd asked about raise eligibility and taken issue with a training repayment scheme, a National Labor Relations Board judge ruled.

  • March 22, 2024

    Calif. Forecast: HP's $18M Wage Deal Up For Final Sign-Off

    In the coming week, attorneys should keep an eye out for a California federal court's final approval of an $18 million settlement in an age discrimination class action against HP Inc. and Hewlett Packard Enterprise Co. Here's a look at that case and other labor and employment matters on deck in the state.

  • March 22, 2024

    Jewish MIT Grad Students Hit Union With EEOC Bias Charges

    Four Jewish graduate students at Massachusetts Institute of Technology filed religious discrimination charges with the U.S. Equal Employment Opportunity Commission alleging their union illegally refused to let them withdraw from the labor group after they raised concerns about what they called its antisemitic leanings.

  • 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.

Expert Analysis

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • 11th Circ. Labor Ruling Shows Limits Of 'Right-To-Work' Laws

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    The Eleventh Circuit’s recent decision in Towns v. Directors Guild, dismissing a terminated employee’s right-to-work claims against a union, primarily serves as a cautionary example of poor timing choices in litigation — but also shows how labor organizations may control access to employment, regardless of statutory protections, says Peter Spanos at Taylor English.

  • How NCAA Can Avoid Athlete Compensation Antitrust Issues

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    As demonstrated by a young soccer player's recent case against the National Women's Soccer League in Oregon federal court, if the NCAA treats athletes as employees and uses collective bargaining, the organization could shape the future of name, image and likeness compensation without running afoul of antitrust laws, says Eric Mills at Miller Nash.

  • Employer's Agenda: Honeywell Counsel Talks ESG

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    As companies face more pressure from shareholders to operate as agents of change, employment attorneys must engage in efforts to reduce risks and optimize opportunities related to environmental, social and governance factors — because workplace issues are salient in all three categories, says Lindsay Hedrick, chief labor and employment counsel at Honeywell.

  • Labor Arbitration For Virtual Work Issues Can Be Tricky

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    The rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct, but considering three main factors can help them address the eroding boundary between an employee's workplace and off-the-clock space, says Daniel Johns at Cozen O’Connor.

  • Employer's Agenda: Cognizant Counsel Talk Remote Work

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    The pandemic-induced shift to hybrid remote work models poses new employment law risks, but in-house and outside counsel can take practical steps to manage wage and hour requirements, variations in state laws, and the complicated web of federal and state vaccine mandates, say Michael Ferrans and Aliya Horne, associate general counsel for labor and employment at Cognizant.

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

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