Labor

  • July 15, 2024

    Teamsters Must Stay Out Of Cannabis Law Row, Co. Says

    The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.

  • July 15, 2024

    Yellow Corp. Denied Redo In $137M Teamsters Fight

    A Kansas federal judge held firm Monday on her decision to throw out Yellow Corp.'s $137 million lawsuit against the Teamsters, in which the trucking company accused the union of driving it into bankruptcy by fighting a necessary corporate restructuring.

  • July 15, 2024

    UAW Staff Culture Needs More Work, Monitor Says

    Remnants remain of the "culture of fear and reprisal" that gripped the United Auto Workers when union leaders were embezzling funds and accepting bribes from automakers in the 2010s, but progress has been made toward cultural change at the union, a court-appointed monitor said in his latest report.

  • July 15, 2024

    Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use

    An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

    The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.

  • July 15, 2024

    Union Fund Asks Justices To Reject Withdrawal Liability Case

    A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Apple Wrongly Fired Worker For Mass Emails, NLRB Atty Says

    Apple should be held responsible for a federal labor law violation for interrogating, disciplining and firing a software engineer who sent mass emails about her workplace concerns, a National Labor Relations Board prosecutor told an agency judge after a hearing in a case against the technology giant.

  • July 12, 2024

    Split DC Circ. Backs NLRB Bargaining Order Against NY Hotel

    A divided D.C. Circuit panel on Friday upheld a National Labor Relations Board decision finding that a Brooklyn hotel's operator illegally refused to bargain with a union over economics until noneconomic issues were settled, finding the board's bargaining order was proper under federal labor law.

  • July 12, 2024

    5th Circ. Injects Some 'Confusion' Into NLRB Outburst Test

    A recent Fifth Circuit ruling vacating a National Labor Relations Board decision that restored protections for workers who mouth off during workplace actions doesn't undercut the board's policy but may complicate its enforcement, at least in the short term.

  • July 12, 2024

    Union Must Face Black Truck Driver's Race Bias Suit

    An Ohio federal judge refused to throw out a Black truck driver's suit against the International United Auto Workers, saying he put forward enough information to support his allegation that the union did a poor job of representing him when his employer fired him for his social media posts.

  • July 12, 2024

    Laborers Local Beats Las Vegas Hiring Hall Rule Challenge

    A National Labor Relations Board judge tossed two former union members' claims that their Laborers local maintained an unwritten, arbitrary rule at its Las Vegas hiring hall that it didn't tell members about, holding that the rule was sensible and members were informed of it.

  • July 12, 2024

    NY Artist Violated Law Amid Union Drive, NLRB GC Says

    A New York City-based artist violated federal labor law by requiring workers to attend a so-called captive audience meeting and firing a union supporter, National Labor Relations Board prosecutors alleged, calling for the employer to issue an apology letter and read a notice of workers' rights.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    NLRB's Lone Republican Balks At Starbucks Decert. Dismissal

    A split National Labor Relations Board panel on Thursday upheld the dismissal of a Starbucks worker's bid to oust the union at a Portland, Oregon, cafe, drawing a dissent from the board's lone Republican appointee, who thought the decertification election should happen despite pending unfair labor practice claims.

  • July 11, 2024

    Vidal Says USPTO Has Improved Patent, TM Application Speed

    The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.

  • July 11, 2024

    Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal

    Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.

  • July 11, 2024

    Distributor's Drivers Kept From Proposed Warehouse Unit

    A National Labor Relations Board official has greenlit over two dozen warehouse employees of an Oklahoma food distributor to vote on union representation by a Laborers local, rejecting the company's bid to expand the voting pool to include employees who work outside the warehouse.

  • July 11, 2024

    Staffing Claim Against Kaiser Will Go To Trial, Judge Says

    A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ruled, saying there are outstanding issues to be resolved at trial.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Former Union Attorney Confirmed To Fed. Labor Panel

    The U.S. Senate confirmed an attorney with years of experience in the federal government and a federal employees union to a seat on the Federal Labor Relations Authority, returning the agency to a full slate of members after a yearlong vacancy.

  • July 11, 2024

    Oregon Hospice Workers Can Vote On Joining Existing Union

    A group of Oregon home healthcare and hospice workers may vote on representation by a union that already represents their co-workers, provided that the so-called professional employees in the bargaining unit also vote yes on them joining, a National Labor Relations Board official has said.

Expert Analysis

  • After Chevron: Various Paths For Labor And Employment Law

    Author Photo

    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

    Author Photo

    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

    Author Photo

    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

    Author Photo

    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

    Author Photo

    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

    Author Photo

    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

    Author Photo

    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

    Author Photo

    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

    Author Photo

    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.

  • What Makes Unionization In Financial Services Unique

    Author Photo

    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

  • Assessing Work Rules After NLRB Handbook Ruling

    Author Photo

    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.