Labor

  • 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

    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

    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.

  • April 17, 2024

    Fox Rothschild Hires Employment Atty In Atlantic City

    Fox Rothschild LLP has added a labor and employment partner with decades of experience in collective bargaining, resolving workplace disputes and risk management to its Atlantic City, New Jersey, office.

  • April 17, 2024

    Meat Biz Says NLRB Is 'Bullying' It In Subpoena Row

    A meatpacking business accused of improperly transferring union work told a New York federal court it shouldn't face fines for withholding some documents from National Labor Relations Board prosecutors, saying the prosecutors don't need them and are "bullying" a small business that "barely survived the pandemic."

  • April 17, 2024

    Ex-Union Leader Wielded 'Financial Ruin' At Jobsite, Jury Told

    Prosecutors told a federal jury Wednesday that ex-Philadelphia labor leader John Dougherty threatened a jobsite manager with "financial ruin" if the man refused to pay his nephew, Gregory Fiocca, despite spotty attendance during the construction of the Live! Casino.

  • April 17, 2024

    School District To Pay $200K To End EEOC Age Bias Suit

    An Illinois school district will pay about $206,000 to bring an end to a U.S. Equal Employment Opportunity Commission suit claiming it capped salary increases for teachers over 45 to dodge increased retirement payments, the agency said Wednesday.

  • April 17, 2024

    NLRB Says Co. Violated Labor Law With Wage Suit Questions

    A chemical manufacturer illegally questioned an employee about his conversations with co-workers and union stewards linked to a wage and hour lawsuit, the National Labor Relations Board concluded, upholding an agency judge's decision about the workers' confidentiality interests.

Expert Analysis

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.