Labor

  • January 19, 2024

    UPMC Accused Of 'Draconian' Antitrust Plot To Trap Workers

    The University of Pittsburgh Medical Center was hit with a proposed class action Thursday accusing it of an "an overarching anti-competitive scheme" involving a "draconian system" to trap workers in jobs with suppressed pay and heightened workloads in a bid to maintain its dominance in the region.

  • January 19, 2024

    Fired Rail Worker Owed Full Back Pay, Union Tells 8th Circ.

    Kansas City Southern Railway Co. should comply with an order requiring it to fully reimburse a wrongfully fired worker for five years of lost pay and benefits, a transportation workers union told the Eighth Circuit on Friday, looking to end the railroad's challenge to the back pay amount.

  • January 19, 2024

    2nd Circ. Grapples With Starbucks' Need For Union Info

    A Second Circuit panel on Friday appeared conflicted about whether a New York federal judge abused his discretion by granting Starbucks too-broad discovery into union intel in response to the National Labor Relations Board's bid for an injunction blocking labor violations nationwide.

  • January 19, 2024

    NLRB Prosecutors Challenge Trader Joe's Wine Shop Closure

    National Labor Relations Board prosecutors have taken up a case accusing Trader Joe's of closing a New York City wine shop in retaliation for a workers' organizing drive with the United Food and Commercial Workers, issuing a complaint accusing the company of violating federal labor law.

  • January 19, 2024

    Ill. Justices Say Staffing Cos. Can't Duck AG's Antitrust Suit

    The Illinois Supreme Court held Friday that staffing agencies can't escape a suit alleging they agreed to suppress wages and not hire each other's workers, saying an exemption under the Illinois Antitrust Act is limited to legitimate union activity and agreements that multiple employers reach with workers through collective bargaining.

  • January 19, 2024

    Ex-Union Leader Waived Privilege In Conflict Bid, Judge Says

    A Pennsylvania federal judge has declared that former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty waived attorney-client privilege in assailing his former Ballard Spahr LLP attorneys' trial performance by making conflict of interest claims against them.

  • January 19, 2024

    Calif. Forecast: $3.2M Red Robin Wage Deal Up For Approval

    In the coming week, attorneys should watch for the potential preliminary sign-off on a $3.2 million settlement in a proposed wage and hour class action against restaurant chain Red Robin. Here's a look at that case and other labor and employment matters coming up in California.

  • January 19, 2024

    NY Forecast: 2nd Circ. Hears Principal's Retaliation Case

    This week, the Second Circuit is to consider a former Brooklyn school principal's attempt to revive her lawsuit claiming the New York City Department of Education launched an investigation into her after she complained the agency was providing unequal opportunities in sports programs to minority students. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • January 18, 2024

    Ex-Police Union Head Gets 3 Years For Retirement Fund Fraud

    The former president of a New York City law enforcement union has been sentenced to 40 months in prison and the union's former financial adviser to 18 months for defrauding union members out of $500,000.

  • January 18, 2024

    Pa. Panel Rules Union Reps Can Seek Sidebars In Interviews

    Pennsylvania labor law allows a union representative to be present during an employee's disciplinary or investigative meetings and to pull the employee aside for private discussion — even if that sidebar is not initiated by the employee, a state appellate court ruled Thursday.

  • January 18, 2024

    BCLP Adds Employment Atty From Thompson Coburn

    A former Thompson Coburn attorney representing companies in wage and hour class actions and discrimination cases has become a partner at BCLP in St. Louis, the firm announced, where he will continue to represent clients in labor and employment litigation.

  • January 18, 2024

    What To Expect As 2nd Circ. Mulls NLRB Injunction Discovery

    The Second Circuit will hear arguments Friday in a case that could chill the National Labor Relations Board's pursuit of injunctions by entitling its targets to a look at unions' campaign secrets. Here, Law360 previews the board's bid to revive an injunction case against Starbucks.

  • January 18, 2024

    Nonunion Workers Need Weingarten Rights, NLRB Attys Say

    National Labor Relations Board prosecutors have urged the board to rule that nonunion employees have the right to bring a co-worker into disciplinary meetings, saying nonunion workers require the protection granted by so-called Weingarten rights just as much as union-represented workers.

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    ​​​​​​​NLRB Official Certifies Union At Ky. Trader Joe's Store

    A National Labor Relations Board official certified Trader Joe's United on Wednesday as the bargaining representative of workers at a Kentucky store, overruling the grocery chain's challenge to the representation vote based on a lack of evidence.

  • January 17, 2024

    Union Wants Out of Flight Attendants' Discrimination Claims

    A flight attendants' union stopped fighting two Alaska Airlines workers' firings because of their grievances' slim likelihood of success at arbitration, not because the union was biased against the workers' Christianity, the union argued in a summary judgment brief in Washington federal court.

  • January 17, 2024

    Freedom Foundation Can't Challenge Union Orientation Law

    A think tank can't pursue its First Amendment claims over a mandatory access statute for new public-sector employee orientations, a California federal judge ruled, saying a provision in the state law doesn't stop the group from talking to workers and advocating against union membership.

  • January 17, 2024

    NLRB Defends Steward Ruling Against Ill. Quarries At 7th Circ.

    The National Labor Relations Board asked the Seventh Circuit to agree that two Illinois quarries violated labor law by denying a union-represented strike-replacement worker access to a steward during a disciplinary meeting, saying the quarries can't support their argument that the worker had no right to steward access.

  • January 17, 2024

    Alaska Flight Attendant Fights To Keep Wage Suit Alive

    An Alaska Airlines flight attendant told a Washington federal court that it doesn't need to look at a collective bargaining agreement to resolve her wage and hour claims, arguing that the airline's arguments to toss her suit can't land.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Rakoff Details Why He Axed JPMorgan Investors' Epstein Suit

    A New York federal judge has published an opinion for his August order dismissing a pension fund's derivative suit against some of the top brass of JPMorgan Chase & Co. over their connections to Jeffrey Epstein, explaining in greater detail why he concluded that the plaintiffs had failed to make a pre-suit demand on the bank's board of directors.

  • January 16, 2024

    NLRB Urges 3rd Circ. To Back Orders Against Scrap Metal Co.

    The Third Circuit should support National Labor Relations Board rulings that determined a scrap metal company unlawfully cut overtime hours amid an organizing drive and refused to bargain with a union, the board argued, saying the business hadn't shown why another representation election was justified.

Expert Analysis

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Does NLRA Preempt Suits Against Unions For Strike Damage?

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    The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

  • 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.

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