Labor

  • March 08, 2024

    Calif. Forecast: Apple Wants Claim Gone From Age Bias Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on a bid to dismiss part of a former Apple executive's age discrimination lawsuit. Here's a look at that case and other labor and employment matters on deck in California.

  • March 08, 2024

    Maryland Longshoreman's Bias Suit Survives Dismissal Bids

    A Black longshoreman can move forward with a discrimination suit against his union and a company that staffs the Port of Baltimore, a Maryland federal judge ruled, trimming a few time-barred claims but keeping a significant chunk of the litigation alive.

  • March 07, 2024

    Biden Touts Wage Increases In State Of The Union

    President Joe Biden on Thursday during his third State of the Union address celebrated rising wages for workers, while urging Congress to raise the federal minimum wage and pass labor legislation.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    Hallmark Movie Maker Illegally Canned Strikers, NLRB Says

    Two Hallmark movie production companies violated federal labor law, the National Labor Relations Board said Thursday, with one firing nine strikers and threatening to move to Canada and another interrogating and silencing a worker amid a union drive.

  • March 07, 2024

    Chemical Co. Says Arbitrator Set 'Impossible' Rule In Union Fight

    A chemical manufacturer has asked a Texas federal court to undo an arbitration award in favor of a former employee accused of using his union to gain confidential information from the company's investigation into his behavior, saying the arbitrator "fashioned a legal standard that makes it nearly impossible" for companies to monitor workplace investigations.

  • March 07, 2024

    5th Circ. Backs NLRB On Nurse Fired Over COVID Complaints

    The Fifth Circuit upheld on Thursday a National Labor Relations Board ruling finding a Texas home health company unlawfully fired a nurse who raised concerns about the company's handling of the COVID-19 pandemic, but cleared the company on the claim that it barred workers from discussing wages.

  • March 07, 2024

    NYC Can't Duck Unionized Workers' Wage, Retaliation Claims

    The city of New York must face the bulk of a group of unionized workers' claims that they were illegally denied raises after assuming new positions, as a New York federal judge ruled that the workers had constitutional rights to timely pay and union association.

  • March 07, 2024

    Luxury Electric Carmaker Reaches Deal Over Severance Pact

    A luxury electric carmaker settled a claim over the lawfulness of a nondisparagement clause in its severance agreement, a National Labor Relations Board spokesperson said Thursday, with the company agreeing to post a notice about workers' rights.

  • March 07, 2024

    Julie Su Talks Year As Acting Labor Secretary, Biden Nom

    Over the past year, Julie Su has served as acting labor secretary while also awaiting Senate confirmation to continue leading the U.S. Department of Labor, despite Republican opposition. Su spoke with Law360 about her year as acting secretary, what’s next for the DOL and her prolonged Senate confirmation fight.

  • March 07, 2024

    Teamsters Can't Raise Claims Over Prehire Pacts, Judge Says

    A district court doesn't have jurisdiction over the Teamsters' challenge to prehire employment agreements with two airlines providing for incentive payments to newly hired pilots, an Indiana federal judge ruled, saying the parties' collective bargaining agreements arguably give the companies the right to issue the incentives.

  • March 07, 2024

    NLRB Resolves Unions' Jurisdictional Dispute At Boston Hotel

    Workers represented by the North Atlantic States Regional Council of Carpenters may install shower door enclosures at a Boston project site, the National Labor Relations Board ruled, rejecting two International Union of Painters and Allied Trades affiliates' claims that the disputed work should go to their members.

  • March 06, 2024

    Yellow Corp. Faces Pension Funds' Arbitration Bid In $6B Spat

    Eleven retirement funds urged a Delaware bankruptcy judge Wednesday to order Yellow Corp. to arbitrate their claims worth over $6 billion, arguing it would be efficient to take the dispute before a benefits plan expert, while the trucking firm insisted that arbitration would delay its ongoing Chapter 11 proceedings.

  • March 06, 2024

    Univar Will Appeal $190K Teamsters Pension Suit Loss

    Univar Solutions is challenging an Illinois federal court's holding that the company owes over $190,000 to a Teamsters pension fund due to an automatic extension of contract language, saying Wednesday that it is appealing the decision to the Seventh Circuit.

  • March 06, 2024

    NLRB Scales Back Proposed Remedies At LA Starbucks

    The National Labor Relations Board on Wednesday upheld a ruling that a Los Angeles Starbucks threatened to withhold raises and interrogated a worker amid a union drive, but declined to order several heightened remedies, including a broad cease-and-desist order.

  • March 06, 2024

    Sports Illustrated Betting Platform To Be Shut Down

    The turmoil at Sports Illustrated continued Wednesday as its partner 888 Holdings PLC announced that it was terminating its sportsbook agreement with the brand's parent company, saying the scale of operating costs in the United States has made the venture untenable.

  • March 06, 2024

    Mich. Judges Skeptical Taking Photos Is Eavesdropping

    A Michigan appellate judge said on Wednesday that he was hesitant to interpret a decades-old eavesdropping statute to say that taking a photograph is the same as overhearing a conversation, in a union leader's attempt to go after a rival union for snapping a picture during his deposition. 

  • March 06, 2024

    'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told

    A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.

  • March 06, 2024

    Liff Walsh Adds Ex-DOL Atty To Lead Employment Team

    Liff Walsh & Simmons added a partner with experience at the U.S. Department of Labor and doing public interest work to lead and expand its labor and employment practice.

  • March 06, 2024

    Connecticut Marshals Union Pushes For Lower Job Cap

    Connecticut law authorizes the appointment of far more state marshals than necessary, the workers' union told state lawmakers Wednesday, in support of a new bill that would lower the cap and give job candidates incentive to choose the marshals service as a career.

  • March 06, 2024

    Toyota Workers At Mo. Plant Go Public With UAW Union Drive

    Workers at a Toyota factory in Troy, Missouri, went public Wednesday with their campaign to unionize with the United Auto Workers, saying 30% of the factory's workers have signed union cards amid the UAW's aggressive push to organize the country's nonunion automakers.

  • March 06, 2024

    NY Legal Services Org Votes To Unionize With Supermajority

    Workers at the New York legal services organization Empire Justice Center voted on Monday to unionize, choosing by a 72% vote to join the Association of Legal Aid Attorneys.

  • March 06, 2024

    Fired Hospital Worker Isn't A Supervisor, NLRB Judge Says

    A New York hospital illegally threatened and fired a nurse for her union organizing efforts, a National Labor Relations Board judge ruled, dismissing the hospital's claims that the worker was a supervisor who lacks protections under federal labor law.

  • March 05, 2024

    3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance

    A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.

  • March 05, 2024

    Dartmouth Basketball Players Vote To Unionize With SEIU Unit

    Men's basketball players at Dartmouth College voted for unionization with a Service Employees International Union local, according to a National Labor Relations Board tally Tuesday, while the university said it is "unprecedented" to deem these players employees.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

  • Don't Ignore NLRA When Using Employee Resource Groups

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    Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.

  • My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • How The NLRA May Slow Down The FAST Act

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    California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

  • Cos. Must Consider Union Vs. Nonunion Employee Treatment

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    The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.

  • How NLRB Status Quo Rule Change Affects Employers

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    In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.

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