Labor

  • January 31, 2024

    NYC Hotel Can Keep Arbitration Win In Severance Dispute

    A Manhattan hotel does not need to give additional severance pay to a group of union-represented banquet servers laid off during the COVID-19 pandemic, a New York federal judge has ruled, confirming an arbitrator's holding that the hotel calculated the servers' payouts appropriately.

  • January 31, 2024

    Servers' Sanctions Bid Smacks SF Hilton Over Discovery Docs

    A Hilton hotel in San Francisco has failed to produce "responsive and highly relevant" documents during discovery in a suit accusing the hotel operator of pocketing tips meant for banquet servers, workers said in a motion to impose sanctions filed in California federal court Wednesday.

  • January 31, 2024

    Employment Group Of The Year: Outten & Golden

    With an eye on employers infringing on employees' rights, Outten & Golden LLP has scored high-dollar settlements for women who accused major companies such as Activision Blizzard and Goldman Sachs of promoting and paying them less, earning the firm a place among Law360's 2023 Employment Groups of the Year.

  • January 31, 2024

    Waste Co. Owes Drivers Nearly $300K, Teamsters Say

    Republic Services Inc. must pay a Teamsters affiliate nearly $300,000 as part of a grievance settlement, according to an announcement from the union, saying the waste management company unlawfully subcontracted bargaining unit work.

  • January 31, 2024

    SpaceX Claims NLRB Lacks Jurisdiction In Firing Spat

    The National Labor Relations Board doesn't have jurisdiction to weigh in on claims that SpaceX illegally fired eight workers who criticized CEO Elon Musk, the company argued, saying the rocket giant is covered under the Railway Labor Act because it sends people and goods into space.

  • January 31, 2024

    GOP Bill Would Claw Back Funds Paid To Dead Pensioners

    A pair of Republican lawmakers introduced a bill that would require the Pension Benefit Guaranty Corp. to claw back overpayments that pension plans received under a 2021 coronavirus assistance bill for dead plan participants.

  • January 30, 2024

    NLRB Brings Case Of X Coder's Firing To Administrative Judge

    A National Labor Relations Board lawyer told an administrative law judge at a hearing Tuesday that Twitter wrongly fired a female engineer who urged colleagues at the company — now called X — to challenge CEO Elon Musk's demand that they return to the office or resign, saying she wasn't being insubordinate.

  • January 30, 2024

    NLRB Prosecutors Settle Noncompete Row With Medical Spa

    A medical spa and National Labor Relations Board attorneys notched a settlement to end an unfair labor practice proceeding over claims that the company illegally made workers sign noncompete and training repayment agreements, according to a filing from agency prosecutors Tuesday.

  • January 30, 2024

    Southwest Says It Fired Flight Attendant For Actions, Not Beliefs

    Southwest Airlines Co. says it fired a flight attendant for her conduct rather than her beliefs after she sent a co-worker anti-abortion text messages, telling the Fifth Circuit on Monday she won the case because of incorrect jury instructions.

  • January 30, 2024

    'Radical' Reopening Remedies Pose Hurdles For NLRB

    National Labor Relations Board prosecutors have picked a tough fight in a new suit that accuses Trader Joe's of shuttering a Manhattan store to stifle a union drive and seeks to make the company reopen the shop, a stiff remedy that the federal courts are wary about enforcing.

  • January 30, 2024

    Employment Group Of The Year: Lieff Cabraser

    Lieff Cabraser Heimann & Bernstein LLP helped nail down a historic $215 million settlement for hundreds of women in a long-running gender bias class action lodged against Goldman Sachs, earning it a spot among Law360's 2023 Employment Groups of the Year.

  • January 30, 2024

    NLRB Official Approves Vote To Oust Union At Transport Co.

    Workers at a North Carolina transportation company can vote on decertifying a transit union as their collective bargaining representative, a National Labor Relations Board official ruled, rejecting the union's argument that the election cannot proceed because new company leaders didn't spend enough time negotiating a contract. 

  • January 30, 2024

    Work Reassignment Didn't Warrant NLRB Ire, 3rd Circ. Told

    An art supply company told the Third Circuit on Tuesday that the National Labor Relations Board erred in finding the company violated the law by terminating a temporary worker for raising concerns about alleged racism and workplace conditions, arguing that the worker was never fired.

  • January 30, 2024

    Fired Worker Is Not A Manager, NLRB Tells 4th Circ.

    The National Labor Relations Board asked the Fourth Circuit to support its conclusion that a security company illegally fired an instructor following his profane outburst, challenging the company's claim that the worker is a manager who doesn't have federal labor law protection.

  • January 30, 2024

    SpaceX Wants Workers Out Of NLRB Constitutionality Fight

    SpaceX has urged a Texas federal judge to prevent four fired employees from intervening in its challenge to the National Labor Relations Board's structure in Texas federal court, saying the workers cannot prove they're entitled to get involved in the case.

  • January 29, 2024

    NLRB Judge Hits Amazon Again For Illegally Firing Worker

    A National Labor Relations Board judge on Monday determined again that Amazon unlawfully fired an employee in 2020 who protested the company's COVID-19 policies, concluding under a revised precedent that federal labor law protects the worker's verbal altercation with a colleague.

  • January 29, 2024

    Nurse's Labor Dispute Right For NLRB, Calif. State Court Says

    A nurse who was accused of workplace violence and placed on leave after she joined organizing efforts at her California hospital cannot pursue a labor lawsuit against the hospital in state court, a California state appeals court ruled Monday, saying the National Labor Relations Board is the proper adjudicator.

  • January 29, 2024

    Kellogg Can't Flout Pension Guardrails, Retirees Say

    Kellogg retirees urged a Michigan federal judge to shoot down the cereal and snack foods company's argument that it has "carte blanche to shortchange employees" by using old data to calculate pension payments.

  • January 29, 2024

    Ex-Union Leader Says Witness Should Sink Embezzlement Verdict

    Former Philadelphia union leader John Dougherty asked a federal judge Monday to undo his conviction on nine counts of embezzlement, arguing that a contractor's testimony failed to prove Dougherty knew the contractor was billing the union for work on union officials' personal properties.

  • January 29, 2024

    NLRB Blocks Hearing As Dissent Notes 'Dangerous' Precedent

    The National Labor Relations Board tossed the general counsel's request for a virtual hearing in an unfair labor practice case involving a legal support consulting firm, though one board member said the majority's decision about the power to schedule new hearings sets a "dangerous precedent."

  • January 29, 2024

    Employment Group Of The Year: Gibson Dunn & Crutcher

    Gibson Dunn & Crutcher LLP in the past year represented UBS in a whistleblower case before the U.S. Supreme Court, helped Amazon defeat class certification in a suit over home internet expenses and scored a series of wins for gig economy companies, earning it a spot among Law360's 2023 Employment Groups of the Year.

  • January 29, 2024

    Yellow Corp. Calls Pension Arbitration Demand 'Nonsense'

    Bankrupt trucking firm Yellow Corp. has called the Central States Pension Fund's arbitration demand for $4.8 billion in pension liability claims "nonsense," because the fund has already acquiesced in the bankruptcy court's jurisdiction over the claims.

  • January 29, 2024

    Union Shouldn't Fight Higher Pilot Retirement Age, Suit Says

    A pilots union breached its duty of fair representation by opposing a law that would raise the mandatory retirement age for pilots from 65 to 67, a group representing senior pilots said in a suit in Illinois federal court.

  • January 26, 2024

    Employment Group Of The Year: Morgan Lewis & Bockius

    Morgan Lewis & Bockius LLP counseled UPS in contract negotiations covering hundreds of thousands of workers, defended employers against discrimination claims and advised multiple clients on diversity, equity and inclusion, or DEI, earning it a top spot among Law360's Employment Groups of the Year.

  • January 26, 2024

    NLRB Official Says St. Louis Pot Workers Aren't In Agriculture

    Workers who process marijuana at a St. Louis cannabis growing facility aren't National Labor Relations Board-exempt agricultural employees, an NLRB official said in a decision greenlighting facility employees to vote on representation by a United Food and Commercial Workers local.

Expert Analysis

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • Conducting Employee Investigations That Hold Up In Court

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    A recent Maryland federal court decision, which held that Elite Protective Services failed to provide a worker under internal investigation with protections required by his collective bargaining agreement, highlights important steps employers should take to ensure the conclusions of internal reviews will withstand judicial scrutiny, say attorneys at Venable.

  • Memo Shows NLRB Intends To Protect Race Talk At Work

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    A newly released memo from the National Labor Relations Board advising that discussions of racism at work count as protected concerted activity should alert employers that worker retaliation claims may now face serious scrutiny not only from the U.S. Equal Employment Opportunity Commission, but also the NLRB, says Mark Fijman at Phelps Dunbar.

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

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