Labor

  • 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.

  • March 18, 2024

    Labor Rights And Politics: What Employers Should Know

    Employers that aim to keep politics out of the workplace in this contentious election year should be mindful of federal labor law, experts say, as it may limit their ability to stop workers from touting social causes, especially under President Joe Biden's National Labor Relations Board.

  • March 18, 2024

    USW Says Factory Assigning Double Duty Despite Arb. Award

    An Ohio insulation manufacturer is still making the union-represented staff of its Newark, Ohio, factory perform two jobs at once, the United Steelworkers have claimed in a new lawsuit against the company, seeking to enforce an arbitration award banning the business from mandating so-called double duty.

  • March 18, 2024

    ExxonMobil Info Sharing Rule 'Overbroad,' NLRB Judge Says

    ExxonMobil enforced an "unlawfully overbroad" rule governing the sharing of corporate information, a National Labor Relations Board judge ruled, applying a recent shift in board precedent to find that the company illegally fired a worker who posted an internal email on social media.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    NLRB Asks 2nd. Circ. To Hold Radio Co. In Contempt

    The National Labor Relations Board asked the Second Circuit to hold a radio station operator in contempt for violating a consent judgment enforcing a board decision, saying the station hasn't restored an unlawfully laid-off worker to a comparable position and has given union work to non-union workers.

  • March 15, 2024

    Starbucks Illegally Removed Union Material, NLRB Judge Says

    Starbucks unlawfully took down union material posted at a cafe in Maine and disciplined a worker who wrote "stop union busting" on a whiteboard, a National Labor Relations Board judge found while dismissing other allegations that the company violated federal labor law.

  • March 15, 2024

    DOL Says PBGC Overpayment Returns Don't Violate ERISA

    The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.

  • March 15, 2024

    NY Forecast: 2nd Circ. Hears Schools Admin. Suit Over Firings

    The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.

  • March 15, 2024

    Calif. Forecast: Full 9th Circ. To Hear AB 5 Challenge Args

    In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.

  • March 14, 2024

    Foul-Language Row Met With Fowl Metaphors In Court Showdown

    An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.

  • March 14, 2024

    Union Ends Representation At Medieval Times After 2 Years

    The American Guild of Variety Artists has given up its role as the bargaining representative of Medieval Times workers, according to an announcement from Medieval Times Performers United, ending an organizing effort that began in California and New Jersey about two years ago.

Expert Analysis

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

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    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

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    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.

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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