Labor

  • February 05, 2024

    Dartmouth Men's Hoops Players Get OK For Union Vote

    A National Labor Relations Board official on Monday said players on Dartmouth College's men's basketball team are employees and can vote to unionize, teeing up a test of college athletes' organizing rights.

  • February 05, 2024

    SpaceX Can't Show Harm In Constitutional Row, NLRB Says

    SpaceX hasn't proved how the company faces harm from the litigation of an unfair labor practice proceeding over its firing of eight Elon Musk critics, the National Labor Relations Board contended, defending the constitutionality of the agency's structure.

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    What To Expect As 5th Circ. Mulls Broader NLRB Remedies

    The Fifth Circuit will hear arguments Tuesday in the first test of a National Labor Relations Board ruling that threatens to make employers pay more to workers whose rights they violate. Here, Law360 previews Thryv's challenge to the board's revised remedial arsenal.

  • February 05, 2024

    NIL Suit Heats Up: 'NCAA Defends A World That Doesn't Exist'

    The states of Tennessee and Virginia have ripped the NCAA's defense of its name, image and likeness rules by ridiculing the organization's claim of protecting athletes against professionalism, exploitation and classification as employees, which the states said "defends a world that doesn't exist.''

  • February 05, 2024

    Agency Delay Can't Stop 5th Circ. Back Pay Order, NLRB Says

    The National Labor Relations Board's yearslong delay in resolving a layoffs dispute shouldn't stop the Fifth Circuit from enforcing a back pay award against a plumbing company, the agency argued, saying U.S. Supreme Court precedent supports the board's position in a more than 12-year-long unfair labor practice case.

  • February 05, 2024

    Cemex Bargaining Order Ruling Omitted ULPs, Teamsters Say

    The National Labor Relations Board correctly ordered a cement manufacturer to bargain with the Teamsters after finding the company meddled in a union campaign, but it erred by dismissing a string of unfair labor practice allegations from the blockbuster case, the Teamsters told the Ninth Circuit.

  • February 02, 2024

    1-Year Vote Bar Applies To Mariners Retail Union, NLRB Says

    A United Food and Commercial Workers affiliate can't seek an election to represent workers at Seattle Mariners retail stores for one year after a previous decertification vote, the National Labor Relations Board determined Friday, reversing an agency official's finding that a new vote could be barred for only six months.

  • February 02, 2024

    Mich. Prevailing Wage Policy Gets Appellate Court's Backing

    A Michigan agency did not overstep its authority when it required that workers on certain state-funded construction projects be paid a prevailing wage, an appellate court panel has ruled, finding the Legislature's repeal of the Prevailing Wage Act did not remove the agency's ability to impose certain terms on state contracts.

  • February 02, 2024

    Cemex Slams 'Radical' Union Recognition Revamp At 9th Circ.

    The company at the center of a blockbuster National Labor Relations Board ruling that subjects employers to bargaining orders if they meddle with union election campaigns urged the Ninth Circuit to nix this "radical change," arguing the board overstepped precedent and the law.

  • February 02, 2024

    NLRB Constitutionality Fight Must Stay In Texas, SpaceX Says

    A constitutional challenge to the National Labor Relations Board's structure shouldn't head to a California district court, SpaceX contended, saying the case must proceed in Texas because fired workers in the dispute "caused substantial disruption" to the company in that state.

  • February 02, 2024

    Ohio Demolition Co. Hit With Post-Default Discovery Fines

    An Ohio building demolition and sewer services contractor has to pay daily fines for failing to respond to information requests from multiple union benefit funds' trustees in a case the company and its owner have already lost by default after they were found in contempt of federal court.

  • February 02, 2024

    Biz Groups Can File Brief In Union's Joint Employer Rule Fight

    A coalition of business groups may intervene in litigation filed by the Service Employees International Union that seeks to broaden the scope of the National Labor Relations Board's new joint employer rule, the D.C. Circuit ruled.

  • February 02, 2024

    NY Forecast: 2nd Circ. To Hear Barclays Whistleblower Case

    The Second Circuit will consider in the coming week whether to revive a former Barclays executive's suit claiming he was fired after reporting misconduct at the company, such as requiring him to work during leave meant to root out insider trading. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 02, 2024

    Calif. Forecast: Ulta's $1.5M Wage Deal Up For Approval

    In the coming week, attorneys should watch for potential final settlement approval in a wage and hour class action against beauty store company Ulta. Here's a look at that case and other labor and employment matters coming up in California.

  • February 01, 2024

    Labor Groups Slam Blackstone Plan To Buy Tricon Residential

    Four activist organizations urged Tricon Residential Inc. shareholders not to approve the company's sale to Blackstone, which they say has a record of aggressively evicting tenants and raising their rents.

  • February 01, 2024

    NLRB Advice Office Expounds On GC's Noncompete Memo

    Some provisions in a branding business's employment agreement are not illegal, the National Labor Relations Board's Division of Advice found in a review it conducted of how a directive on noncompete agreements from the agency's top prosecutor applied to unfair labor practice claims filed against the company.

  • February 01, 2024

    Longshore Union Reaches $20M Deal In Port Boycott Case

    The International Longshore and Warehouse Union has agreed to pay a port operator $20.5 million to settle a decade-old lawsuit accusing the union of engaging in an unlawful boycott of the company during a labor dispute, the two sides announced Thursday.

  • February 01, 2024

    UFCW Backs Injunction Bid In Pot Co. Union Fight

    A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.

  • February 01, 2024

    New Jersey AG Says Gun Law Doesn't Target Cop Pot Use

    New Jersey Attorney General Matthew J. Platkin urged a judge to toss Jersey City's suit seeking a declaration that state-level pot legalization is preempted by the Gun Control Act of 1968, pointing to a carveout in the federal law for legal cannabis users who are armed during the course of their work.

  • February 01, 2024

    Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant

    Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.

  • February 01, 2024

    Mich. High Court Shuns Review Of 'Teacher' Definition Suit

    The Michigan Supreme Court declined Wednesday to weigh in on whether a school counselor should also be considered a teacher under a state labor law, dismissing a union's appeal in a dispute with a school district that had forced a counselor into an educator role.

  • February 01, 2024

    Spa, NLRB Noncompete Deal Includes Nationwide Notice

    A medical spa must post a nationwide notice saying it won't enforce a noncompete agreement that "threatens legal action" seeking thousands of dollars, according to a settlement copy obtained from the National Labor Relations Board website Thursday, with the company agreeing to shell out more than $25,000.

  • February 01, 2024

    NLRB Judge Says Starbucks Interrogated Workers Over Strike

    Starbucks violated federal labor law when managers at three of its stores in Seattle questioned workers about a coming strike, a National Labor Relations Board judge has ruled, saying the managers did not assure workers they would not face punishment based on their answers.

  • February 01, 2024

    Employment Group Of The Year: The deRubertis Law Firm

    The deRubertis Law Firm APC secured a $20 million jury verdict in September for a concierge worker who said the Marriott Marquis didn't accommodate his physical needs after he suffered a spinal cord injury, earning the firm a spot among Law360's 2023 Employment Groups of the Year.

Expert Analysis

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

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