Labor

  • April 22, 2024

    NJ Mall Cleaning Co. Unlawfully Fired Workers, NLRB Says

    A New Jersey mall cleaning company violated federal labor law by firing two workers after they met with union organizers, the National Labor Relations Board has ruled, upholding an agency judge's decision.

  • April 22, 2024

    SpaceX Fights NLRB's Structure Again Over Agency Suit

    SpaceX mounted another challenge to the constitutionality of the National Labor Relations Board's structure in Texas federal court, telling the judge to stop administrative proceedings over an unfair labor practice complaint alleging the company's severance agreement is unlawful.

  • April 19, 2024

    UAW Wins Key Election At Chattanooga Volkswagen Plant

    Workers at a Volkswagen plant in Chattanooga, Tennessee, overwhelmingly voted to be represented by the United Auto Workers, giving the union its first victory in its campaign to organize nonunion automakers in the United States.

  • April 19, 2024

    AFL-CIO Can't Lift Pause On Its NLRB Election Rule Suit

    A D.C. federal judge maintained a pause on the AFL-CIO's challenge to a 2020 National Labor Relations Board rule governing representation elections, saying the proceeding would be halted until the board deals with a proposed rollback to the regulation.

  • April 19, 2024

    Calif. Union Plan Pays $2.5M To End Early Retirement Suit

    A pension plan for union-represented Northern California metalworkers, the plan administrator and a law firm will pay roughly $2.5 million to end a proposed class action alleging about 30 early retirees weren't given the full benefits they were promised, according to paperwork filed Friday in California federal court.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Creditor Committee Backs Yellow In Pension Fund Fight

    The official committee of unsecured creditors in Yellow Corp.'s Chapter 11 bankruptcy has largely backed an objection from the debtor to several pension plans' claims for retirement-fund withdrawal liability, while saying it hopes the issues can be resolved quickly to reduce costs.

  • April 19, 2024

    Members Say UFCW Delegate System Violates Federal Law

    The United Food and Commercial Workers constitution's method for selecting delegates to its national convention unlawfully dilutes the voting power of members of larger locals while also limiting options for those belonging to smaller locals, members claim in a federal lawsuit filed Friday.

  • April 19, 2024

    Notre Dame Illegally Classified College Athletes, Group Claims

    The University of Notre Dame violated federal labor law through its classification of college athletes as student-athletes, a college basketball players advocacy group alleged in an unfair labor practice charge obtained by Law360 on Friday.

  • April 19, 2024

    Franchise Operator On Pitfalls Of Calif.'s Fast-Food Min. Wage

    Rich Reinis, a member of California's newly formed Fast Food Council, said he wants to keep fast food affordable, especially as industry workers now earn a $20 minimum wage. Here, Law360 speaks with Reinis about the council’s future.

  • April 19, 2024

    NY Forecast: Judge Considers School District Race Bias Suit

    This week a New York federal judge will consider a school district's bid to dismiss a lawsuit brought by a Black former technology specialist who claims he was fired after facing discrimination on the job based on his race. Here, Law360 explores this and other cases on the docket in New York.

  • April 19, 2024

    NLRB Official Tosses Union Ouster Petition Over ULP Case

    A National Labor Relations Board official has dismissed a petition to decertify the United Steelworkers as the bargaining representative of workers at an Oregon industrial equipment manufacturer, saying pending unfair labor practice allegations against the company bar a decertification election until they're resolved.

  • April 19, 2024

    Calif. Forecast: Hilton Seeks To Undo Tips Class

    In the coming week, attorneys should watch for a potential ruling on whether a class of hotel banquet event workers can continue together with wage claims against San Francisco Hilton Inc., in a long-running case that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2024

    'Severe Impact' If HBCUs Paid Athletes, NLRB Judge Told

    A commissioner of an athletic conference for historically black colleges and universities testified Thursday in a hearing before a National Labor Relations Board judge that being forced to pay student-athletes a salary and treat them as employees would have a "severe impact" on those institutions. 

  • April 18, 2024

    UAW Vote Set For Next Month At Ala. Mercedes-Benz Plants

    Thousands of workers at Mercedes-Benz plants in Alabama can vote next month on whether to unionize, the United Auto Workers announced Thursday as the union forges ahead with its organizing efforts at nonunion automakers.

  • April 18, 2024

    Yellow Corp. Likely Able To Keep Some Leases For Later Sales

    A Delaware bankruptcy judge said Thursday he would probably approve troubled trucking company Yellow Corp.'s bid to assume more than 70 leases, but told the debtor and its landlords he needed until Friday to make a final decision.

  • April 18, 2024

    Disneyland Performers Seek Union Representation

    The workers who play Disney characters at Disneyland Resort in Anaheim, California, are unionizing, Actors Equity Association announced Thursday, saying over 1,000 employees of the resort's characters and parades departments have signed union cards.

  • April 18, 2024

    NLRB GC's Cemex Order Bid Bars Vote, Agency Official Says

    A National Labor Relations Board official in Washington state tossed an election petition from an International Brotherhood of Electrical Workers local at a dishwasher maintenance company, saying agency prosecutors' request for a Cemex bargaining order prevents the vote from proceeding.

  • April 18, 2024

    Kellogg Beats ERISA Suit Over Use Of Outdated Data

    A Michigan federal judge tossed litigation accusing Kellogg of shortchanging married retirees by relying on outdated life expectancies and interest rates when calculating their pension payments, agreeing with the company that the Employee Retirement Income Security Act doesn't require the data used to be reasonable.

  • April 17, 2024

    NLRB Judge Told Of College Hoopsters' Hotel Curfew Guard

    A Stanford University runner testified on Wednesday for the National Labor Relations Board that some student-athletes should be considered employees due to the control programs exert over them, and that a time he encountered a hotel curfew guard for a Division I basketball team highlights how tight that control can be.

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    Biden Admin Probes Chinese Shipbuilders For Unfair Trade

    The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.

  • April 17, 2024

    Starbucks Threatened Unionizing Hawaii Baristas, NLRB Says

    Starbucks violated federal labor law when it told workers at a Hawaii cafe that they could miss out on a raise and lose the ability to pick up shifts at other stores if they unionized, the National Labor Relations Board held Wednesday, upholding an agency judge's ruling.

  • April 17, 2024

    Amazon Urges NLRB To Reopen Challenge To Union Win

    Amazon asked the National Labor Relations Board to reopen the record in its challenge to a union's representation election win at a Staten Island warehouse, arguing it was prevented from introducing evidence from a recent documentary bolstering its claim that union misconduct tainted the election.

  • April 17, 2024

    2nd Circ. Reopens NLRB Enforcement Row Against Radio Co.

    The Second Circuit will review the National Labor Relations Board's allegations that a radio station operator violated a court's consent judgment enforcing a board decision, with the appeals court appointing a special master to oversee the contempt proceeding.

Expert Analysis

  • Employer Lessons After Diverging Amazon Union Outcomes

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    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

  • BIPA Ruling May Limit Employer Liability Under Labor Law

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    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

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    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

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    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

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    In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

  • How Health Care Employers Can Minimize Threat Of Strikes

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    The COVID-19 pandemic, safety and staffing issues, and the ongoing battle for health care talent mean that worker strikes may become a substantial threat to business operations, but industry employers can reduce the risk of job actions by building employee trust and fostering a culture of respect, say attorneys at Husch Blackwell.

  • Employer's Agenda: IHG Counsel Talks Remote Investigations

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    The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

  • Employer's Agenda: Allied Universal Counsel Talks Synergy

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    Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

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