Labor

  • 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.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Ex-Union Fund Trustees Ask 7th Circ. To Undo DOL Takeover

    The Seventh Circuit should reverse the U.S. Department of Labor's preliminary injunction win that put an independent fiduciary in charge of a multiemployer benefit fund at the center of mismanagement claims, former trustees contended, saying a lower court doesn't have jurisdiction.

  • January 24, 2024

    NLRB Draws D.C. Circuit In Google Joint Employer Row

    The U.S. Judicial Panel on Multidistrict Litigation randomly chose the D.C. Circuit to review a National Labor Relations Board ruling that found Google and a contractor unlawfully refused to bargain with a union representing YouTube Music workers.

  • January 24, 2024

    5th Circ. Args Over Musk Tweet Test NLRB Speech Standard

    The full Fifth Circuit is to consider Thursday whether a tweet posted by Tesla CEO Elon Musk during a United Auto Workers unionization campaign unlawfully threatened workers, reviewing a National Labor Relations Board decision and presenting what experts cast as a high-profile test of the way the board evaluates employer speech.

  • January 24, 2024

    Ousted Prez Of CWA Broadcast Local Fights 2nd Trusteeship

    The Communications Workers of America has illegally imposed another trusteeship on an affiliate of the National Association of Broadcast Employees and Technicians and removed the local's president for the second time, the ousted official alleged, claiming the parent union took these steps to protect a political machine.

  • January 24, 2024

    NLRB Wants Prison Contractor Held In Contempt In Pay Fight

    The National Labor Relations Board asked the Sixth Circuit to hold a defunct Federal Bureau of Prisons contractor in contempt of court for failing to produce financial documents in a dispute over two fired union supporters' back pay, saying the contractor flouted an order compelling the documents.

  • January 24, 2024

    Teamsters Unit Wants Out Of Hospital Tech's Wage Suit

    A Teamsters local asked a Massachusetts federal court to grant it a win in a hospital worker's suit claiming she received an incorrect wage increase, saying the union looked into her claims "diligently and forcefully."

  • January 23, 2024

    Starbucks, Littler Violated Disclosure Law, SEIU Tells DOL

    The Service Employees International Union on Tuesday submitted allegations to the U.S. Department of Labor that Starbucks and Littler Mendelson PC haven't fully complied with disclosure requirements under federal labor law, according to a complaint obtained by Law360.

  • January 23, 2024

    2nd Circ. Backs NYC Carpenters Union In Twin Pension Suits

    The Second Circuit affirmed two wins for a New York City carpenters union in a pair of cases brought by retired former members alleging that their benefits were stripped after they were falsely accused of working for nonunion shops, ruling that both workers' claims had fatal flaws.

  • January 23, 2024

    NLRB Tells High Court To Toss Food Co.'s GC Firing Appeal

    The U.S. Supreme Court should not review a Fifth Circuit ruling involving the legality of President Joe Biden's firing of the National Labor Relations Board general counsel, the agency contended, arguing to the high court that federal labor law permits at-will removal of the board's top prosecutor.

  • January 23, 2024

    Starbucks Barista Says NLRB Structure's Unconstitutional

    The National Labor Relations Board's structure violates the U.S. Constitution because it limits presidents' ability to remove its members, a Starbucks barista told a Texas federal court, urging the court to pause his union decertification petition before the board.

  • January 23, 2024

    Colo. Says Sick Leave Law Is In Line With Federal Regs

    The State of Colorado asked a federal court to grant it an early win in an airline trade group's lawsuit seeking to block the state's sick leave law, saying the federal laws the group had cited do not interfere with the state's ability to promulgate a new labor law.

  • January 23, 2024

    Cal State Faculty End Strike With Tentative Deal

    Unionized faculty and staff across California State University's 23 campuses reached a tentative deal with the system, agreeing to wage increases, more parental leave and a contract extension, according to announcements from the parties, ending a historic one-day strike in higher education.

  • January 23, 2024

    Union Rates Down Slightly In 2023, BLS Data Shows

    Unionization rates in the U.S. declined slightly in 2023, according to data released Tuesday by the U.S. Department of Labor's Bureau of Labor Statistics, though unions added 139,000 members during the year.

  • January 22, 2024

    NLRB Pushes USC Official On Control Over Athletes' Lives

    The National Labor Relations Board on Monday picked up its case-in-chief after a monthlong break in a hearing before an agency administrative judge over whether certain University of Southern California student-athletes are employees, with an NLRB attorney quizzing a university official about USC's control over its athletes' lives. 

  • January 22, 2024

    NLRB Asks Full 8th Circ. To Intercede After Panel OKs Firings

    The National Labor Relations Board on Monday urged the full Eighth Circuit to rethink a decision rejecting a board ruling that a U.S. Air Force contractor fired 17 workers to stifle union organizing, saying the panel flouted U.S. Supreme Court precedent by rejecting its fact findings.

  • January 22, 2024

    Cal State Faculty Embark On 'Historic' Systemwide Strike

    Faculty and staff at 23 campuses across the California State University system began striking Monday, the workers' union announced, with both sides of the bargaining table reaching a stalemate on raises and other issues as the spring semester kicks off this week at some locations.

  • January 22, 2024

    Teamsters Fund Prevails In $190K Pension Fight With Univar

    An Illinois federal judge on Monday found Univar Solutions is still on the hook to pay $190,000 to a Teamsters pension fund, ruling a pair of letters the company cited did not prove the parties had severed a collective bargaining agreement containing pension obligations.

  • January 22, 2024

    Split NLRB OKs Union's Election Revival After Deadline Miss

    A split National Labor Relations Board panel affirmed an official's decision to let a union pull and refile a petition for a representation election among 1,300 Detroit doctors, with the dissenting member saying the union circumvented agency rules after blowing a filing deadline.

  • January 22, 2024

    NLRB Orders Union To Restore Seniority To Ex-Local Prez

    An International Longshoremen's Association affiliate unlawfully retaliated against a former local president by reducing his seniority level, the National Labor Relations Board concluded, ordering the union to restore it.

  • January 22, 2024

    Sanford Heisler's New Leader Talks Litigation And Advocacy

    As Sanford Heisler Sharp approaches its 20th birthday, the New York public interest firm has named a new leader, appointing its public interest litigation practice group co-chair as firmwide managing partner.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

Expert Analysis

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

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