Labor

  • March 08, 2024

    Union Urges Affirming Reinstatement Award Over Pot Test

    An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.

  • March 08, 2024

    Dartmouth Hoops Union Could Touch Off Legal Madness

    A recent vote by the Dartmouth College men's basketball team to form a union could set the stage for the next round of litigation in shaping the rights of collegiate athletes, but experts told Law360 some steep obstacles could stand in the way of a breakthrough ruling that turns student athletes into full-fledged employees.

  • March 08, 2024

    Union Says YouTube Music Workers' Job Loss Was Retaliation

    The Communications Workers of America-affiliated Alphabet Workers Union said Friday it has filed an unfair labor practice charge against Google and Cognizant, accusing them of laying off YouTube Music's union-represented content operations team in retaliation for organizing.

  • March 08, 2024

    Worker's LinkedIn Outreach Is Protected, NLRB Tells 5th Circ.

    The Fifth Circuit should uphold a National Labor Relations Board decision finding a worker's LinkedIn message complaining about wages to a customer is protected under federal labor law, the board argued, challenging a logistics company's claims that the worker was lawfully fired.

  • March 08, 2024

    Off The Bench: Dartmouth Union, Iowa Betting Case Folds

    In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. 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.

  • March 08, 2024

    DOL Says Ousting Union Fund Trustees Is Right Move

    The Seventh Circuit should allow an injunction ousting two trustees from a fraud-plagued union benefit fund to take effect, the U.S. Department of Labor told the court, urging it to deny the trustees' bid to stay the injunction.

  • March 08, 2024

    Colorado Firm Must Face Atty's Claim Over Alleged Retaliation

    A Colorado state judge has ruled that a personal injury firm that sued a former attorney for allegedly trying to dodge a prior judgment must face her counterclaim accusing the firm of filing a retaliatory action after she accused it of unfair labor practices.

  • March 08, 2024

    Calif. Union Pension Plan Strikes Deal In Early Retirement Suit

    A California metalworkers' pension plan and its fund manager agreed to end a proposed class action alleging over two dozen retirees had their pension payments slashed even though they were promised full benefits when they retired early, according to an order issued Friday in federal court.

  • March 08, 2024

    SpaceX Tells 5th Circ. To Rethink Transfer Of NLRB Case

    The Fifth Circuit must reconsider its decision over the transfer of SpaceX's National Labor Relations Board constitutionality challenge from Texas to California, the rocket company argued, saying the appeals court has to fix the lower court's incorrect application of a venue standard.

  • March 08, 2024

    Calif. Forecast: Apple Wants Claim Gone From Age Bias Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on a bid to dismiss part of a former Apple executive's age discrimination lawsuit. Here's a look at that case and other labor and employment matters on deck in California.

  • March 08, 2024

    Maryland Longshoreman's Bias Suit Survives Dismissal Bids

    A Black longshoreman can move forward with a discrimination suit against his union and a company that staffs the Port of Baltimore, a Maryland federal judge ruled, trimming a few time-barred claims but keeping a significant chunk of the litigation alive.

  • March 07, 2024

    Biden Touts Wage Increases In State Of The Union

    President Joe Biden on Thursday during his third State of the Union address celebrated rising wages for workers, while urging Congress to raise the federal minimum wage and pass labor legislation.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    Hallmark Movie Maker Illegally Canned Strikers, NLRB Says

    Two Hallmark movie production companies violated federal labor law, the National Labor Relations Board said Thursday, with one firing nine strikers and threatening to move to Canada and another interrogating and silencing a worker amid a union drive.

  • March 07, 2024

    Chemical Co. Says Arbitrator Set 'Impossible' Rule In Union Fight

    A chemical manufacturer has asked a Texas federal court to undo an arbitration award in favor of a former employee accused of using his union to gain confidential information from the company's investigation into his behavior, saying the arbitrator "fashioned a legal standard that makes it nearly impossible" for companies to monitor workplace investigations.

  • March 07, 2024

    5th Circ. Backs NLRB On Nurse Fired Over COVID Complaints

    The Fifth Circuit upheld on Thursday a National Labor Relations Board ruling finding a Texas home health company unlawfully fired a nurse who raised concerns about the company's handling of the COVID-19 pandemic, but cleared the company on the claim that it barred workers from discussing wages.

  • March 07, 2024

    NYC Can't Duck Unionized Workers' Wage, Retaliation Claims

    The city of New York must face the bulk of a group of unionized workers' claims that they were illegally denied raises after assuming new positions, as a New York federal judge ruled that the workers had constitutional rights to timely pay and union association.

  • March 07, 2024

    Luxury Electric Carmaker Reaches Deal Over Severance Pact

    A luxury electric carmaker settled a claim over the lawfulness of a nondisparagement clause in its severance agreement, a National Labor Relations Board spokesperson said Thursday, with the company agreeing to post a notice about workers' rights.

  • March 07, 2024

    Julie Su Talks Year As Acting Labor Secretary, Biden Nom

    Over the past year, Julie Su has served as acting labor secretary while also awaiting Senate confirmation to continue leading the U.S. Department of Labor, despite Republican opposition. Su spoke with Law360 about her year as acting secretary, what’s next for the DOL and her prolonged Senate confirmation fight.

  • March 07, 2024

    Teamsters Can't Raise Claims Over Prehire Pacts, Judge Says

    A district court doesn't have jurisdiction over the Teamsters' challenge to prehire employment agreements with two airlines providing for incentive payments to newly hired pilots, an Indiana federal judge ruled, saying the parties' collective bargaining agreements arguably give the companies the right to issue the incentives.

  • March 07, 2024

    NLRB Resolves Unions' Jurisdictional Dispute At Boston Hotel

    Workers represented by the North Atlantic States Regional Council of Carpenters may install shower door enclosures at a Boston project site, the National Labor Relations Board ruled, rejecting two International Union of Painters and Allied Trades affiliates' claims that the disputed work should go to their members.

  • March 06, 2024

    Yellow Corp. Faces Pension Funds' Arbitration Bid In $6B Spat

    Eleven retirement funds urged a Delaware bankruptcy judge Wednesday to order Yellow Corp. to arbitrate their claims worth over $6 billion, arguing it would be efficient to take the dispute before a benefits plan expert, while the trucking firm insisted that arbitration would delay its ongoing Chapter 11 proceedings.

  • March 06, 2024

    Univar Will Appeal $190K Teamsters Pension Suit Loss

    Univar Solutions is challenging an Illinois federal court's holding that the company owes over $190,000 to a Teamsters pension fund due to an automatic extension of contract language, saying Wednesday that it is appealing the decision to the Seventh Circuit.

  • March 06, 2024

    NLRB Scales Back Proposed Remedies At LA Starbucks

    The National Labor Relations Board on Wednesday upheld a ruling that a Los Angeles Starbucks threatened to withhold raises and interrogated a worker amid a union drive, but declined to order several heightened remedies, including a broad cease-and-desist order.

  • March 06, 2024

    Sports Illustrated Betting Platform To Be Shut Down

    The turmoil at Sports Illustrated continued Wednesday as its partner 888 Holdings PLC announced that it was terminating its sportsbook agreement with the brand's parent company, saying the scale of operating costs in the United States has made the venture untenable.

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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