Labor

  • May 01, 2024

    UAW Local Calls Arrests Of Members At USC Protest Illegal

    The University of Southern California violated federal labor law by having union members who protested in support of a ceasefire in Gaza arrested, a United Auto Workers affiliate representing graduate student workers said.

  • May 01, 2024

    Acting Labor Sec. Defends Status, Rules At Tense Hearing

    Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.

  • May 01, 2024

    NLRB Says Beverage Co. Wrongly Put Union Leader On Leave

    A Puerto Rico beverage distributor violated federal labor law by placing an employee union leader on six months of unpaid leave and prematurely declaring an impasse in bargaining, the National Labor Relations Board ruled, upholding an August decision from an agency judge.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    UAW, Fiat Chrysler Settle Anti-Gay Discrimination Suit

    Fiat Chrysler and a United Auto Workers local have agreed to resolve a former worker's lawsuit alleging she was fired for complaining about anti-gay harassment she faced and her union didn't adequately pursue her grievance, according to a filing in Michigan federal court.

  • April 30, 2024

    Welch's Says Worker Should Stay Fired In Dispute With Union

    Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.

  • April 30, 2024

    6th Circ. Weighs Merits, Procedure In NLRB Severance Case

    The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.

  • April 30, 2024

    Google's Challenge To YouTube Music Union Stays In DC Circ.

    The D.C. Circuit will continue adjudicating Google's challenge to the unionization of its subsidiary YouTube Music, rejecting on Tuesday a request by the company and its contractor Cognizant to transfer the case to the Fifth Circuit.

  • April 30, 2024

    SEIU Cites Starbucks Organizing In Push For Cemex Standard

    The Service Employees International Union invoked the nationwide organizing campaign at Starbucks stores in a request for the Ninth Circuit to back a National Labor Relations Board precedent shift for bargaining orders, arguing the new standard will help deter labor law violations.

  • April 30, 2024

    ExxonMobil Tells 5th Circ. Ex-NLRB Member Wasn't Biased

    ExxonMobil asked the Fifth Circuit to overturn a National Labor Relations Board decision finding the oil giant unlawfully refused to bargain with a union, saying the NLRB erred by vacating the company's 2020 win in the case after uncovering a Trump-era board member's financial ties to ExxonMobil.

  • April 29, 2024

    Ex-Officers Seek Early Win Against Flight Attendant Union

    Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."

  • April 29, 2024

    NLRB Precedent Shift On Severance Pacts Faces 6th Circ.

    A Sixth Circuit panel is prepared to review a National Labor Relations Board decision that held employers violate federal labor law by offering severance agreements with overly broad confidentiality and nondisparagement clauses, a closely watched argument over a precedent shift that experts said has had major effects on employers.

  • April 29, 2024

    Biz Groups Fight Conn. Ban On 'Captive Audience' Meetings

    A Connecticut law that lets workers skip employers' meetings to discuss unionization violates employers' right to free speech, a coalition of business groups argued in Connecticut federal court, seeking a pretrial win on allegations that the law violates the U.S. Constitution and federal labor law.

  • April 29, 2024

    Amtrak Wants Out Of Black Conductor's Bias Suit

    Amtrak is urging a Connecticut federal judge to let it out of a Black conductor's lawsuit alleging she was passed over for union committee assignments in favor of less experienced white men and harassed by a superior after she complained, saying her gripes should be directed solely at the union.

  • April 29, 2024

    DOL Issues Guidance On Using AI In The Workplace

    The U.S. Department of Labor issued guidance Monday on how employers can carefully use artificial intelligence, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

  • April 29, 2024

    Judge Rejects Class Certification Of Seizure Drug Customers

    An Illinois federal judge has rejected a class certification bid in a suit against drugmaker Mallinckrodt and prescription delivery platform Express Scripts, ruling that the plaintiffs were unable to meet their predominance burden as a class.

  • April 29, 2024

    Calif. Cannabis Labor Law Violates US Constitution, Co. Says

    A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.

  • April 29, 2024

    Union Didn't Betray Employee Slapped At Work, NLRB Says

    A union steward acted in good faith when suggesting that if a transportation company fired an employee who slapped her co-worker, it should also fire the co-worker for provoking her, a split National Labor Relations Board found, saying the suggestion wasn't a betrayal but a strategy to discourage firings.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    Starbucks, Union Tout 'Significant Progress' In Contract Talks

    Starbucks and Workers United "made significant progress" in collective bargaining negotiations this past week, the parties announced Friday, with experts telling Law360 that the contract talks are a starting point, but the details of these negotiations remain to be seen.

  • April 26, 2024

    Struggling Amazon Union Hopes To Retool As Election Looms

    Two years after its surprise election win at a Staten Island warehouse, the Amazon Labor Union is broke, beset by infighting and ignored by management. Can new leadership at the onetime darling of the labor movement turn it around?

  • April 26, 2024

    NLRB Official Says Colorado HOA Workers Can Vote On Union

    A National Labor Relations Board official cleared three employees of a Colorado homeowners' association to vote on representation by an International Association of Machinists local lodge next month, rejecting the association's argument that it isn't subject to the board's jurisdiction.

  • April 26, 2024

    NLRB Official Clears Detroit Medical Residents For Union Vote

    A National Labor Relations Board official has greenlighted a union representation election at a Michigan nonprofit that places medical school graduates in residencies, internships and fellowships at a Detroit hospital consortium, rejecting the nonprofit's attempts to either prevent the election or narrow the voting pool.

  • April 26, 2024

    NLRB Won't Disturb Union Election At Wash. Newspaper

    A divided National Labor Relations Board panel backed a regional director's decision over a vote allowing advertising employees to decide whether to join an existing bargaining unit at a Washington state newspaper, with a dissenting board member finding the employees don't share enough in common.

Expert Analysis

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • 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.

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