Labor

  • 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.

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 25, 2024

    Ex-Philly Union Leader's 3rd Trial Ends In Deadlock

    A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.

  • April 25, 2024

    NLRB Backs Judge On Starbucks' Labor Violations In Mich.

    The National Labor Relations Board upheld on Thursday a judge's findings that Starbucks managers in Michigan illegally solicited worker complaints, threatened workers and removed pro-union notes from a community board, but declined prosecutors' push to use the case to revisit two precedents.

  • April 25, 2024

    ADT Must Undo Job Changes, Recognize Union, Judge Says

    A Kentucky federal judge ordered ADT on Thursday to resume recognizing an International Brotherhood of Electrical Workers local and let the union walk back certain changes to work conditions that the company implemented after withdrawing recognition.

  • April 25, 2024

    Starbucks Illegally Barred Recording, NLRB Judge Says

    Starbucks violated federal labor law by barring a worker from recording a disciplinary meeting and later terminating that pro-union employee from a store near St. Louis, a National Labor Relations Board judge ruled Thursday, calling for the coffee chain to reinstate the barista and make them whole.

Expert Analysis

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

    Excerpt from Practical Guidance
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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

  • Don't Ignore NLRA When Using Employee Resource Groups

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    Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.

  • My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • How The NLRA May Slow Down The FAST Act

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    California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

  • Cos. Must Consider Union Vs. Nonunion Employee Treatment

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    The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.

  • How NLRB Status Quo Rule Change Affects Employers

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    In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.

  • Company Considerations For Cash Award Incentives: Part 2

    Excerpt from Practical Guidance
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    Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.

  • Why Minor League Labor Negotiations Will Be Complicated

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    Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

  • Alternatives For Employers Considering Workforce Reduction

    Excerpt from Practical Guidance
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    Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

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