Labor

  • January 26, 2024

    Jersey City Police Union Joins Suit Over Off-Duty Pot Policy

    The Jersey City, New Jersey, police officers' union has voluntarily become a defendant in the city's lawsuit over off-duty use of marijuana by members of the police force, saying some aspects of the case are not fully addressed by the other defendants.

  • January 26, 2024

    UAW Tests Momentum With 3rd Try At Chattanooga VW Plant

    The United Auto Workers are attempting for the third time to organize a Volkswagen facility in Chattanooga, Tennessee, hoping that fresh contracts with the Big Three automakers and momentum from a high-profile strike will help put the union over the edge after two recent close election losses at the plant.

  • January 26, 2024

    6th Circ. Backs Rehire Of Union Guard Fired For Sleeping

    A security company must reinstate a guard who was accused of sleeping on the job and subsequently terminated, the Sixth Circuit ruled on Friday, finding an arbitrator relied on the parties' collective bargaining agreement when issuing the award that said the worker wasn't let go for just cause.

  • January 26, 2024

    Trader Joe's Says NLRB Is Unconstitutional In Agency Suit

    Trader Joe's is defending against National Labor Relations Board claims that it illegally fired a union backer and threatened others by arguing that the board's structure is unconstitutional, joining SpaceX in pressing this novel challenge to the agency's power to prosecute labor violators.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Ex-Teamsters Agent Claims Union Unlawfully Ousted Her

    A former business agent for a Teamsters local accused the union of illegally taking her off the slate of candidates in an election, telling a California federal court that her ouster happened after she didn't back Teamsters President Sean O'Brien.

  • January 26, 2024

    Off The Bench: McMahon Sued, 'Rock' Victory, USC Feels Heat

    In this week's Off The Bench, WWE founder Vince McMahon has been sued for sexual abuse and trafficking, "The Rock" reclaimed his name, and USC defended its claim that college athletes aren't employees. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • January 26, 2024

    Teamsters Pension Fund Says Mich. Cos. Owe $18M, Not $15M

    A Michigan furniture manufacturer and its shipping partner owe a Teamsters-affiliated pension fund $18 million and not $15 million over the next 15 years in connection with their 2018 exit from the fund, the fund told an Illinois federal court.

  • January 26, 2024

    Calif. Forecast: IT Recruiters Seek Class Cert. In Wage Suit

    In the coming week, attorneys should keep an eye out for a potential class certification ruling in an overtime case against information technology staffing and services company TEKsystems Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • January 26, 2024

    NY Forecast: NY Judge Hears COVID Vax Religious Bias Suit

    A New York federal judge this week will hear a New York City health system's attempt to dismiss a religious discrimination suit filed by former healthcare workers who say they were denied accommodations to the system's COVID-19 vaccine requirement. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • January 25, 2024

    Starbucks Union Drive's Second Year Shows Staying Power

    Workers United's campaign to unionize Starbucks was far slower in 2023 than in its explosive 2022, but it continued to secure representation elections at a steady clip, winning at even higher rates than in the campaign's early days, according to an analysis of National Labor Relations Board elections data.

  • January 25, 2024

    5th Circ. Weighs Musk Tweet's Lawfulness, Agency Deference

    Some judges on the Fifth Circuit seemed skeptical Thursday that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, with judges probing the significance of social media and how courts should evaluate National Labor Relations Board cases that implicate the First Amendment.

  • January 25, 2024

    Walmart Tore Up Union Flyers At Calif. Store, NLRB GC Says

    National Labor Relations Board prosecutors alleged that Walmart unlawfully interrogated and threatened workers who took part in union activities at a Northern California store, an agency official announced Thursday, including claims that the company tore up pro-union flyers.

  • January 25, 2024

    Union Vote Stands With No Looming End To Work, NLRB Says

    A divided National Labor Relations Board panel declined Thursday to overturn a regional director's order for a representation election at a construction company, finding the builder failed to prove there was an "imminent and definite" end to its steel operations that would warrant not holding a vote.

  • January 25, 2024

    GM Must Strike Union Rep's Discipline, NLRB Judge Says

    General Motors violated federal labor law by suspending a United Auto Workers union representative after saying he acted in a "threatening" manner during a disciplinary meeting, a National Labor Relations Board judge has ruled, determining the employee's conduct constituted protected activity.

  • January 25, 2024

    Black Amtrak Conductor Rejected From Union Jobs, Suit Says

    A Black Amtrak conductor was repeatedly passed over for committee assignments by her union in favor of less experienced white men and harassed by a superior after she complained, according to a suit filed in Connecticut federal court.

  • January 24, 2024

    Ed. Union Can't Beat EEOC's Race Bias Suit Over Promotion

    An Illinois federal judge denied a school district labor union's bid to escape a U.S. Equal Employment Opportunity Commission suit alleging it singled out a Black custodian when it challenged his promotion and salary increase, ruling that the union's effort to push blame on the school district fell flat.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Ex-Union Fund Trustees Ask 7th Circ. To Undo DOL Takeover

    The Seventh Circuit should reverse the U.S. Department of Labor's preliminary injunction win that put an independent fiduciary in charge of a multiemployer benefit fund at the center of mismanagement claims, former trustees contended, saying a lower court doesn't have jurisdiction.

  • January 24, 2024

    NLRB Draws D.C. Circuit In Google Joint Employer Row

    The U.S. Judicial Panel on Multidistrict Litigation randomly chose the D.C. Circuit to review a National Labor Relations Board ruling that found Google and a contractor unlawfully refused to bargain with a union representing YouTube Music workers.

  • January 24, 2024

    5th Circ. Args Over Musk Tweet Test NLRB Speech Standard

    The full Fifth Circuit is to consider Thursday whether a tweet posted by Tesla CEO Elon Musk during a United Auto Workers unionization campaign unlawfully threatened workers, reviewing a National Labor Relations Board decision and presenting what experts cast as a high-profile test of the way the board evaluates employer speech.

  • January 24, 2024

    Ousted Prez Of CWA Broadcast Local Fights 2nd Trusteeship

    The Communications Workers of America has illegally imposed another trusteeship on an affiliate of the National Association of Broadcast Employees and Technicians and removed the local's president for the second time, the ousted official alleged, claiming the parent union took these steps to protect a political machine.

  • January 24, 2024

    NLRB Wants Prison Contractor Held In Contempt In Pay Fight

    The National Labor Relations Board asked the Sixth Circuit to hold a defunct Federal Bureau of Prisons contractor in contempt of court for failing to produce financial documents in a dispute over two fired union supporters' back pay, saying the contractor flouted an order compelling the documents.

  • January 24, 2024

    Teamsters Unit Wants Out Of Hospital Tech's Wage Suit

    A Teamsters local asked a Massachusetts federal court to grant it a win in a hospital worker's suit claiming she received an incorrect wage increase, saying the union looked into her claims "diligently and forcefully."

  • January 23, 2024

    Starbucks, Littler Violated Disclosure Law, SEIU Tells DOL

    The Service Employees International Union on Tuesday submitted allegations to the U.S. Department of Labor that Starbucks and Littler Mendelson PC haven't fully complied with disclosure requirements under federal labor law, according to a complaint obtained by Law360.

Expert Analysis

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • 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.

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