Labor

  • April 23, 2024

    Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store

    An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.

  • April 23, 2024

    Shell Liable For Meme Poster's Back Pay, Energy Co. Says

    The successor owner of Washington state refinery argued the company isn't responsible for a back pay award to a worker fired after posting a meme, saying the previous owner, Shell, is liable for the payments in a United Steelworkers grievance and arbitration dispute.

  • April 23, 2024

    Seattle-Area Ski Instructors Greenlit For Union Vote

    A National Labor Relations Board official has cleared instructors at a ski resort in the Seattle area to vote on union representation during the next ski season.

  • April 23, 2024

    King & Spalding Adds Kirkland Employment Partner In DC

    King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.

  • April 22, 2024

    USW Says EPA Asbestos Ban Doesn't Protect Workers Enough

    The United Steelworkers and the nonprofit Asbestos Disease Awareness Organization called on the D.C. Circuit to review the U.S. Environmental Protection Agency's recent ban on the most prevalent variety of asbestos, with the union arguing the ban falls short by failing to provide certain interim protections.

  • April 22, 2024

    NLRB Says 3rd Circ. Must Back Solo Action Precedent Shift

    The National Labor Relations Board called on the Third Circuit on Monday to enforce an agency precedent shift over federal labor law protections for a single worker's actions on the job, arguing historical practice backs the board's analysis of concerted activity.

  • April 22, 2024

    What to Expect As Justices Mull NLRB Injunction Standard

    The U.S. Supreme Court will hear arguments Tuesday in a case that could make it tougher for the National Labor Relations Board to get rare injunctions to stop labor violations from trampling workers’ rights. Here, Law360 previews the arguments in Starbucks’ bid to unify the test the courts use to vet NLRB injunctions.

  • April 22, 2024

    Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

    A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

  • April 22, 2024

    NYC Hotel Seeks Order Ending Union's 'Indefinite' Agreements

    A Hyatt hotel near Wall Street urged a New York federal judge to find that certain agreements with "indefinite" terms between a hotel workers union and a previous operator of the hotel can't be enforced, saying those accords aren't part of labor contracts with a hotel association.

  • April 22, 2024

    Nuclear Plant Says Union Health Benefits Fight Not Arbitrable

    A Pennsylvania federal judge should dismiss a union's attempt to force a benefits fight with a nuclear power plant operator into arbitration, the operator argued Monday, saying the dispute isn't arbitrable under the terms of the collective bargaining agreement.

  • April 22, 2024

    Mich. Top Court Strikes Down Public Union Fee Policies

    The Michigan Supreme Court said Monday a public-sector union cannot charge nonmembers a fee to receive union support in filing a grievance, ruling that doing so violates the organization's duty to fairly represent all employees when the union is the sole representative for workers.

  • April 22, 2024

    NJ Mall Cleaning Co. Unlawfully Fired Workers, NLRB Says

    A New Jersey mall cleaning company violated federal labor law by firing two workers after they met with union organizers, the National Labor Relations Board has ruled, upholding an agency judge's decision.

  • April 22, 2024

    SpaceX Fights NLRB's Structure Again Over Agency Suit

    SpaceX mounted another challenge to the constitutionality of the National Labor Relations Board's structure in Texas federal court, telling the judge to stop administrative proceedings over an unfair labor practice complaint alleging the company's severance agreement is unlawful.

  • April 19, 2024

    UAW Wins Key Election At Chattanooga Volkswagen Plant

    Workers at a Volkswagen plant in Chattanooga, Tennessee, overwhelmingly voted to be represented by the United Auto Workers, giving the union its first victory in its campaign to organize nonunion automakers in the United States.

  • 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

    'Severe Impact' If HBCUs Paid Athletes, NLRB Judge Told

    A commissioner of an athletic conference for historically black colleges and universities testified Thursday in a hearing before a National Labor Relations Board judge that being forced to pay student-athletes a salary and treat them as employees would have a "severe impact" on those institutions. 

Expert Analysis

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

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