Labor

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    Boeing Laid Off Pilots Over Union Vote, NLRB Judge Says

    Boeing violated federal labor law by laying off union-represented flight training airplane instructor pilots after they voted against decertifying their bargaining representative, a National Labor Relations Board judge ruled, saying the company was punishing the pilots for failing to oust the union after two opportunities.

  • March 25, 2024

    Starbucks Distributor Can't Nix 'Act Of God' Award

    An arbitrator properly determined that the COVID-19 pandemic wasn't an "act of God" that excused a Starbucks distributor's reduction of hours for Teamsters-represented workers, an Illinois federal judge ruled, nixing the company's claim that the award didn't stem from the parties' labor contract.

  • March 22, 2024

    Missed Deadline May Doom Union Worker's Benefits Fight

    A Michigan federal judge on Friday warned a union worker alleging the United Auto Workers mismanaged her claim for benefits that she could have her lawsuit dismissed if she doesn't respond to the union's request to toss the accusations.

  • March 22, 2024

    NLRB Bargaining-Cost Deal Is A Small Boost To GC's Initiative

    A recent settlement in which a security company agreed to pay workers for withheld raises represents a win for the NLRB's top prosecutor in her initiative to compensate workers whose employers undermine bargaining, but the facts of the case mean there's not much to glean for other disputes, experts say.

  • March 22, 2024

    Foley Hoag Adds Employment Atty To Denver Office

    A former Sherman & Howard LLC attorney advising employers on union organizing campaigns, collective bargaining and unfair labor practice cases is now a Foley Hoag LLP partner in Denver, the firm announced, where he will bring 20-plus years of experience in private practice and as an NLRB attorney.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Union Seeks Quick Win In Nuclear Plant Healthcare Row

    An IBEW local is urging a Pennsylvania federal judge to grant it a quick win in its fight to send to arbitration a grievance challenging a nuclear power plant operator's healthcare benefits contributions, arguing that the dispute falls within the parameters of the union's collective bargaining agreement.

  • March 22, 2024

    'Common Sense' Mich. Ruling Says Photos Not Eavesdropping

    Michigan appellate judges said it's common sense that taking a photograph isn't the same as overhearing a conversation, agreeing with a lower court that a union leader's eavesdropping claim against a rival should be tossed because an image of him posted online doesn't convey a private discussion.

  • March 22, 2024

    NLRB Urges 7th Circ. To Toss Union's Sanctions Bid

    The National Labor Relations Board challenged an International Union of Operating Engineers local's "wholly inappropriate" sanctions bid against the agency at the Seventh Circuit, telling the appeals court that the union can't raise an argument related to the lawfulness of a punch-in policy for strike replacement workers.

  • March 22, 2024

    Md. Home Health Agency Must Rehire Raise-Seeking Worker

    A Maryland home healthcare agency violated federal labor law by discharging an employee who'd asked about raise eligibility and taken issue with a training repayment scheme, a National Labor Relations Board judge ruled.

  • March 22, 2024

    Calif. Forecast: HP's $18M Wage Deal Up For Final Sign-Off

    In the coming week, attorneys should keep an eye out for a California federal court's final approval of an $18 million settlement in an age discrimination class action against HP Inc. and Hewlett Packard Enterprise Co. Here's a look at that case and other labor and employment matters on deck in the state.

  • March 22, 2024

    Jewish MIT Grad Students Hit Union With EEOC Bias Charges

    Four Jewish graduate students at Massachusetts Institute of Technology filed religious discrimination charges with the U.S. Equal Employment Opportunity Commission alleging their union illegally refused to let them withdraw from the labor group after they raised concerns about what they called its antisemitic leanings.

  • March 22, 2024

    NY Forecast: Conn. Town Worker Sex Bias Case At 2nd Circ.

    In the coming week, the Second Circuit will consider a former Connecticut town employee's attempt to revive a lawsuit claiming she faced sexual harassment on the job without an adequate response from the town. Here, Law360 explores this and other cases on the docket in New York.

  • March 21, 2024

    SpaceX's Severance Agreement Is Illegal, NLRB Attys Say

    The National Labor Relations Board's Seattle office claimed SpaceX's severance agreement included confidentiality and non-disparagement clauses that violate federal labor law, according to a complaint copy obtained by Law360 on Thursday, with board prosecutors asking for a recorded notice reading scheduled for workers across the country to attend.

  • March 21, 2024

    DC Circ. Nixes Union's Bid To Send NLRB Appeal To 7th Circ.

    The D.C. Circuit denied Thursday a request from an International Union of Operating Engineers local to transfer an appeal over a National Labor Relations Board decision to the Seventh Circuit, saying the union didn't prove that the move was warranted.

  • March 21, 2024

    Kroger's Dues Cutoff Was Illegal, NLRB Judge Says

    Kroger violated federal labor law by ceasing to send workers' dues to their union amid negotiations for a new contract, a National Labor Relations Board judge said Thursday, rejecting the company's argument that prosecutors manipulated the case to take advantage of a change in the relevant precedent.

  • March 21, 2024

    Railroad Wants Arb. Order Nixed In Union Alcohol Test Dispute

    Union Pacific can't rehire a worker who failed a breathalyzer test without violating federal regulations banning alcohol use by railroad employees, the railroad argued in Nebraska federal court, urging the court to strike down an arbitration board's reinstatement order.

  • March 21, 2024

    6th Circ. Zeroes In On CBA In Vax Bias Preemption Battle

    A Sixth Circuit panel pressed on Thursday a cargo airline and pilots who say they were unlawfully fired for refusing COVID-19 vaccinations about the pilots' union contract, with one judge asking whether the open questions about their collective bargaining agreement meant the discrimination case was preempted.

  • March 21, 2024

    Mo. Hospital Stopped Recognizing SEIU Too Soon, NLRB Says

    A Missouri hospital violated federal labor law by withdrawing recognition from a Service Employees International Union affiliate after workers voted to oust it rather than waiting until the decertification election results were certified, the National Labor Relations Board has ruled, upholding a board judge's finding.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    Penn Grad Worker Unit Leaves Out Some Science Fellows

    A National Labor Relations Board official ordered a representation election among graduate student workers at the University of Pennsylvania, but left out of the bargaining unit some 300 student workers in biology and biomedical sciences programs, finding that the union previously said they shouldn't be included.

  • March 20, 2024

    Conn. Panel Says Carveout Allows Cop To Fight Firing

    A fired Connecticut police sergeant and his union can pursue a court appeal in an effort to reinstate his job because the decision at issue is a final, appealable judgment under a carveout in the applicable law, the state appeals court has ruled.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

Expert Analysis

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • 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.

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