Labor

  • January 29, 2024

    Kellogg Can't Flout Pension Guardrails, Retirees Say

    Kellogg retirees urged a Michigan federal judge to shoot down the cereal and snack foods company's argument that it has "carte blanche to shortchange employees" by using old data to calculate pension payments.

  • January 29, 2024

    Ex-Union Leader Says Witness Should Sink Embezzlement Verdict

    Former Philadelphia union leader John Dougherty asked a federal judge Monday to undo his conviction on nine counts of embezzlement, arguing that a contractor's testimony failed to prove Dougherty knew the contractor was billing the union for work on union officials' personal properties.

  • January 29, 2024

    NLRB Blocks Hearing As Dissent Notes 'Dangerous' Precedent

    The National Labor Relations Board tossed the general counsel's request for a virtual hearing in an unfair labor practice case involving a legal support consulting firm, though one board member said the majority's decision about the power to schedule new hearings sets a "dangerous precedent."

  • January 29, 2024

    Employment Group Of The Year: Gibson Dunn & Crutcher

    Gibson Dunn & Crutcher LLP in the past year represented UBS in a whistleblower case before the U.S. Supreme Court, helped Amazon defeat class certification in a suit over home internet expenses and scored a series of wins for gig economy companies, earning it a spot among Law360's 2023 Employment Groups of the Year.

  • January 29, 2024

    Yellow Corp. Calls Pension Arbitration Demand 'Nonsense'

    Bankrupt trucking firm Yellow Corp. has called the Central States Pension Fund's arbitration demand for $4.8 billion in pension liability claims "nonsense," because the fund has already acquiesced in the bankruptcy court's jurisdiction over the claims.

  • January 29, 2024

    Union Shouldn't Fight Higher Pilot Retirement Age, Suit Says

    A pilots union breached its duty of fair representation by opposing a law that would raise the mandatory retirement age for pilots from 65 to 67, a group representing senior pilots said in a suit in Illinois federal court.

  • January 26, 2024

    Employment Group Of The Year: Morgan Lewis & Bockius

    Morgan Lewis & Bockius LLP counseled UPS in contract negotiations covering hundreds of thousands of workers, defended employers against discrimination claims and advised multiple clients on diversity, equity and inclusion, or DEI, earning it a top spot among Law360's Employment Groups of the Year.

  • January 26, 2024

    NLRB Official Says St. Louis Pot Workers Aren't In Agriculture

    Workers who process marijuana at a St. Louis cannabis growing facility aren't National Labor Relations Board-exempt agricultural employees, an NLRB official said in a decision greenlighting facility employees to vote on representation by a United Food and Commercial Workers local.

  • January 26, 2024

    Jersey City Police Union Joins Suit Over Off-Duty Pot Policy

    The Jersey City, New Jersey, police officers' union has voluntarily become a defendant in the city's lawsuit over off-duty use of marijuana by members of the police force, saying some aspects of the case are not fully addressed by the other defendants.

  • January 26, 2024

    UAW Tests Momentum With 3rd Try At Chattanooga VW Plant

    The United Auto Workers are attempting for the third time to organize a Volkswagen facility in Chattanooga, Tennessee, hoping that fresh contracts with the Big Three automakers and momentum from a high-profile strike will help put the union over the edge after two recent close election losses at the plant.

  • January 26, 2024

    6th Circ. Backs Rehire Of Union Guard Fired For Sleeping

    A security company must reinstate a guard who was accused of sleeping on the job and subsequently terminated, the Sixth Circuit ruled on Friday, finding an arbitrator relied on the parties' collective bargaining agreement when issuing the award that said the worker wasn't let go for just cause.

  • January 26, 2024

    Trader Joe's Says NLRB Is Unconstitutional In Agency Suit

    Trader Joe's is defending against National Labor Relations Board claims that it illegally fired a union backer and threatened others by arguing that the board's structure is unconstitutional, joining SpaceX in pressing this novel challenge to the agency's power to prosecute labor violators.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Ex-Teamsters Agent Claims Union Unlawfully Ousted Her

    A former business agent for a Teamsters local accused the union of illegally taking her off the slate of candidates in an election, telling a California federal court that her ouster happened after she didn't back Teamsters President Sean O'Brien.

  • January 26, 2024

    Off The Bench: McMahon Sued, 'Rock' Victory, USC Feels Heat

    In this week's Off The Bench, WWE founder Vince McMahon has been sued for sexual abuse and trafficking, "The Rock" reclaimed his name, and USC defended its claim that college athletes aren't employees. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • January 26, 2024

    Teamsters Pension Fund Says Mich. Cos. Owe $18M, Not $15M

    A Michigan furniture manufacturer and its shipping partner owe a Teamsters-affiliated pension fund $18 million and not $15 million over the next 15 years in connection with their 2018 exit from the fund, the fund told an Illinois federal court.

  • January 26, 2024

    Calif. Forecast: IT Recruiters Seek Class Cert. In Wage Suit

    In the coming week, attorneys should keep an eye out for a potential class certification ruling in an overtime case against information technology staffing and services company TEKsystems Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • January 26, 2024

    NY Forecast: NY Judge Hears COVID Vax Religious Bias Suit

    A New York federal judge this week will hear a New York City health system's attempt to dismiss a religious discrimination suit filed by former healthcare workers who say they were denied accommodations to the system's COVID-19 vaccine requirement. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • January 25, 2024

    Starbucks Union Drive's Second Year Shows Staying Power

    Workers United's campaign to unionize Starbucks was far slower in 2023 than in its explosive 2022, but it continued to secure representation elections at a steady clip, winning at even higher rates than in the campaign's early days, according to an analysis of National Labor Relations Board elections data.

  • January 25, 2024

    5th Circ. Weighs Musk Tweet's Lawfulness, Agency Deference

    Some judges on the Fifth Circuit seemed skeptical Thursday that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, with judges probing the significance of social media and how courts should evaluate National Labor Relations Board cases that implicate the First Amendment.

  • January 25, 2024

    Walmart Tore Up Union Flyers At Calif. Store, NLRB GC Says

    National Labor Relations Board prosecutors alleged that Walmart unlawfully interrogated and threatened workers who took part in union activities at a Northern California store, an agency official announced Thursday, including claims that the company tore up pro-union flyers.

  • January 25, 2024

    Union Vote Stands With No Looming End To Work, NLRB Says

    A divided National Labor Relations Board panel declined Thursday to overturn a regional director's order for a representation election at a construction company, finding the builder failed to prove there was an "imminent and definite" end to its steel operations that would warrant not holding a vote.

  • January 25, 2024

    GM Must Strike Union Rep's Discipline, NLRB Judge Says

    General Motors violated federal labor law by suspending a United Auto Workers union representative after saying he acted in a "threatening" manner during a disciplinary meeting, a National Labor Relations Board judge has ruled, determining the employee's conduct constituted protected activity.

  • January 25, 2024

    Black Amtrak Conductor Rejected From Union Jobs, Suit Says

    A Black Amtrak conductor was repeatedly passed over for committee assignments by her union in favor of less experienced white men and harassed by a superior after she complained, according to a suit filed in Connecticut federal court.

  • January 24, 2024

    Ed. Union Can't Beat EEOC's Race Bias Suit Over Promotion

    An Illinois federal judge denied a school district labor union's bid to escape a U.S. Equal Employment Opportunity Commission suit alleging it singled out a Black custodian when it challenged his promotion and salary increase, ruling that the union's effort to push blame on the school district fell flat.

Expert Analysis

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • Conducting Employee Investigations That Hold Up In Court

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    A recent Maryland federal court decision, which held that Elite Protective Services failed to provide a worker under internal investigation with protections required by his collective bargaining agreement, highlights important steps employers should take to ensure the conclusions of internal reviews will withstand judicial scrutiny, say attorneys at Venable.

  • Memo Shows NLRB Intends To Protect Race Talk At Work

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    A newly released memo from the National Labor Relations Board advising that discussions of racism at work count as protected concerted activity should alert employers that worker retaliation claims may now face serious scrutiny not only from the U.S. Equal Employment Opportunity Commission, but also the NLRB, says Mark Fijman at Phelps Dunbar.

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

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