Labor

  • May 24, 2024

    USPS Withheld Docs From Union In Mich., NLRB Judge Says

    The United States Postal Service waited too long to yield requested records to a union at two facilities in Michigan and improperly withheld records from the union at a third facility there, a National Labor Relations Board judge ruled, finding USPS violated federal labor law.

  • May 24, 2024

    Roofing Co. Must Arbitrate USW Contracting Row, Judge Says

    A roofing manufacturer must arbitrate a United Steelworkers local's grievances over subcontracting notice requirements under the labor contract terms, a Texas federal magistrate judge ruled, tossing the company's argument that the parties' pact lacks the payment remedy that the union requested.

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    NLRB's BLM Ruling Violates Free Speech, Home Depot Says

    Home Depot called on the Eighth Circuit to throw out a National Labor Relations Board decision finding the company illegally told a worker not to display a Black Lives Matter slogan on their apron, arguing that the board's stance violates the company's First Amendment rights.

  • May 23, 2024

    Airline Fuel Co. Asks Judge To Block Strike At JFK Airport

    A company that fuels airplanes at John F. Kennedy International Airport sued its workers' union in New York federal court Thursday, seeking a temporary restraining order blocking the union from carrying out its stated intention to go on strike Friday.

  • May 23, 2024

    Diminished NLRB 'Drowning' In Cases, Litigation, Chair Says

    The National Labor Relations Board is "drowning" as a rise in cases and increased "litigiousness" of parties tax the agency's decimated workforce, Chairman Lauren McFerran said Thursday at New York University School of Law's annual labor conference.

  • May 23, 2024

    Mercedes Loss Shows Challenge Of UAW's Southern Auto Bid

    The United Auto Workers' loss in a union representation election at two Alabama Mercedes-Benz plants could slow the pace of the union's campaign to organize non-union automakers in the South and illustrates the challenges inherent to such a project, experts said.

  • May 23, 2024

    Union Fund Trustees Fight DOL Mismanagement Suit

    Two trustees of an embattled union life insurance fund have asked an Illinois federal judge to toss the U.S. Department of Labor's claims that they let a fellow trustee siphon about $2.6 million and amended the fund's rules to shield themselves from liability.

  • May 23, 2024

    Amazon Illegally Surveilled Workers With Algorithm, Org. Says

    A workers advocacy group in Missouri accused Amazon of violating federal labor law by using "intrusive algorithms" to watch employees' organizing activities, according to an unfair labor practice charge obtained by Law360 on Thursday, advancing a legal theory from the National Labor Relations Board's top prosecutor.

  • May 23, 2024

    Biden Renominates NLRB Chair, Taps Republican For Vacancy

    President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

  • May 23, 2024

    Alaska Airlines, Union Beat Fired Workers' Religious Bias Suit

    A Washington federal judge tossed a suit from two Christian flight attendants who said they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights, ruling there's no proof unlawful bias cost them their jobs.

  • May 23, 2024

    NLRB Official OKs Union Vote At Colo. Movie Theater

    Workers at a dine-in movie theater near Denver can have an election to decide whether they want the Communications Workers of America to represent them, a National Labor Relations Board regional director determined, nixing the company's bid to expand the bargaining unit to other facilities.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Carpenter Sues Union Healthcare Plan After Losing Coverage

    A union healthcare plan violated the Employee Retirement Income Security Act when it stopped working with a Bay Area insulation company whose union contract expired, a new proposed class action filed in California federal court alleges.

  • May 22, 2024

    House Labor Dems Weary Of Majority's Anti-Union Probes

    Democrats on a U.S. House of Representatives labor subcommittee called their Republican counterparts out for maintaining a busy calendar of anti-union hearings Wednesday during the committee's fifth such inquest in this session of Congress.

  • May 22, 2024

    Steel Co. Tells Mich. Court Not To Order Worker's Rehire

    A Michigan federal judge can't enforce an arbitration award requiring the rehire of a fired worker, a steel manufacturer argued Wednesday, claiming the arbitration panel went beyond the parties' collective bargaining agreement in ordering reinstatement.

  • May 22, 2024

    NLRB Official OKs Union Vote At Philadelphia Coffee Shops

    Workers at three Philadelphia coffee shops can vote on representation by a Service Employees International Union affiliate, a National Labor Relations Board official has ruled, shooting down the employer's argument that workers at two of the stores have different working conditions from those at the third location.

  • May 22, 2024

    NLRB Sets Up Eligibility Test For Northeastern Police Union

    Northeastern University in Boston violated federal labor law by refusing to bargain with a union representing campus police sergeants and detectives, the National Labor Relations Board concluded, potentially teeing up a challenge from the university to test the union's certification.

  • May 21, 2024

    2nd Circ. Partially Backs Win For Nurses' Union Pension Plan

    In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.

  • May 21, 2024

    Mich. Starbucks Firings Get Mixed Outcome From NLRB ALJ

    Starbucks did not violate federal labor law at a Michigan store by firing a union backer who cursed at his boss in front of customers, but crossed the line by canning another worker who used more measured language, a National Labor Relations Board judge said Tuesday.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    NLRB Nixes Enforcement Bid Against Starbucks At 9th Circ.

    The National Labor Relations Board called for the dismissal of its enforcement bid against Starbucks in the Ninth Circuit over a decision finding the company illegally threatened workers in Hawaii, saying the coffee chain has expressed an intent to follow the board's decision.

  • May 21, 2024

    TV Workers Get OK For Union Vote Despite Co.'s Objections

    A National Labor Relations Board official has cleared 22 employees of a Sacramento, California, broadcast news company to vote on representation by a Communications Workers of America-affiliated union next week, rejecting the company's bid for a smaller voting pool.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

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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