Labor

  • June 20, 2024

    Charter Axed Teacher Over Breakdown, NLRB Judge Says

    A National Labor Relations Board judge cleared an Ohio charter school Thursday of claims that it fired a teacher for supporting a union drive, saying the evidence shows it fired her for telling a principal she wanted to "murder" her students after they disrupted her lessons.

  • June 20, 2024

    Marathon Has To Arbitrate Subcontracting Row, 9th Circ. Says

    A Ninth Circuit panel on Thursday supported a lower court's decision to make Marathon Petroleum arbitrate a union's grievance over subcontracting under a project labor agreement, saying the company can't use its role as an owner in the accord to avoid arbitration.

  • June 20, 2024

    Honda Illegally Directed UAW Sticker Removal, NLRB GC Says

    Honda violated federal labor law by telling employees to remove United Auto Workers stickers from their safety helmets and committed other unfair labor practices, National Labor Relations Board prosecutors alleged in an unfair labor practice complaint.

  • June 20, 2024

    NLRB Attys, Calif. Tribe Settle Casino Subpoena Dispute

    A California federal court dismissed on Thursday National Labor Relations Board prosecutors' bids to enforce subpoenas requesting a list of casino employees who could be in a proposed bargaining unit from a tribe and a gambling company, with agency attorneys saying the parties settled the dispute.

  • June 20, 2024

    FordHarrison Adds Employment Attys In NJ, Nashville

    Employment firm FordHarrison LLP announced that it hired a pair of experienced attorneys as partners in its offices in Nashville, Tennessee, and Berkeley Heights, New Jersey.

  • June 20, 2024

    DLA Piper Adds 2 Entertainment Attys In NY From Reed Smith

    Two entertainment and advertising partners have left Reed Smith LLP to join DLA Piper, including the first woman to serve as the chief negotiator for the Joint Policy Committee, the bargaining representative for the advertising industry in negotiations for the multibillion-dollar commercials collective bargaining agreements with SAG-AFTRA and the American Federation of Musicians.

  • June 18, 2024

    Amazon Caused Seattle Worker To Quit, NLRB GC Says

    Amazon constructively discharged a worker involved in organizing a walkout among employees at its Seattle headquarters over a return-to-office policy, according to a complaint filed by National Labor Relations Board prosecutors, who are seeking an apology letter and a nationwide notice posting from the e-commerce giant.

  • June 18, 2024

    Hospital Illegally Led Supervisor To Resign, NLRB Judge Says

    A Michigan hospital violated federal labor law by causing a supervisor to resign after pressuring her to surrender a photo of a list of possible union supporters, a National Labor Relations Board judge ruled, finding that an exception to the law's usual exclusion of supervisors applied.

  • June 18, 2024

    Ogletree Adds Quarles & Brady Litigator In San Diego

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.

  • June 18, 2024

    Amazon Union Workers Vote To Affiliate With Teamsters

    Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.

  • June 18, 2024

    10th Circ. Won't Revive Airline's Union Election Challenge

    A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    NLRB Says Casino Must Bargain Over Benefits Promises

    A Las Vegas casino rolled out an improved healthcare and retirement package and threatened workers with job and benefits losses in order to thwart a union campaign, the National Labor Relations Board ruled Monday, ordering the company to bargain with the union.

  • June 17, 2024

    Teamsters Plan Says Health Network Has Monopoly In Conn.

    A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

  • June 17, 2024

    Shell, HF Sinclair Settle USW's Meme Poster Back Pay Dispute

    Shell Oil and HF Sinclair have settled a dispute over which company is responsible for back pay to a worker who was fired after posting a meme that was found not to be grounds for termination, following the United Steelworkers' bid for enforcement of an arbitration award.

  • June 17, 2024

    6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

    The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

  • June 17, 2024

    NLRB Clears Ariz. Solar Co. Of Improper Firing Claim

    An Arizona solar company has beaten back a worker's accusation that he was unlawfully fired for discussing wages with co-workers, with the National Labor Relations Board ruling that the worker actually resigned after he was denied a raise.

  • June 17, 2024

    Starbucks Cleared Over Firing Chicago-Area Lead Organizer

    Starbucks lawfully fired a union supporter who made a negative remark about a customer, a National Labor Relations Board judge concluded while also finding the company did violate federal labor law by telling the worker that they weren't thinking about their family when backing the union.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Starbucks Illegally Fired Ga. Worker, NLRB Judge Says

    Starbucks violated federal labor law when it fired a worker for leading a protest at a recently unionized Augusta, Georgia, cafe, a National Labor Relations Board judge ruled Friday, adding Starbucks also flouted labor law by demanding the worker show the company his communications with Workers United.

  • June 14, 2024

    Labor Says NLRB Should Ditch Joint Employer Rulemaking

    The AFL-CIO and Service Employees International Union have urged the National Labor Relations Board to walk back its 2020 joint employer rule and return to deciding when two linked entities jointly employ the same workers through case adjudication rather than formal rulemaking.

  • June 14, 2024

    Teamsters Local Wants 26-Year-Old Consent Order To End

    A New York City-based Teamsters local asked the Second Circuit to unwind a 1998 consent order instructing the union to stop unlawful strike activity, saying the order is unnecessary after more than a quarter-century of "spotless compliance" by the union.

  • June 14, 2024

    Starbucks Bypassed Union Over Cut Hours, NLRB Judge Says

    Starbucks unlawfully slashed scheduled work hours for shift supervisors at a Pennsylvania store without giving a Teamsters local the chance to bargain, a National Labor Relations Board judge ruled, saying the company didn't show that it had a past practice of cutting these hours.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    NLRB Rejects Columbia's Challenge To Union Composition

    Columbia University's student worker union includes those who logged fewer than 15 hours per week, the National Labor Relations Board ruled Friday, rejecting the university's argument that the United Auto Workers local should exclude them.

Expert Analysis

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.