Labor

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 22, 2024

    Investment Adviser Seeks To Ax Union Fund's Bad Advice Suit

    A union pension fund that claims it lost $30 million due to bad investment advice it received in the mid-2010s missed its chance to challenge that advice, an investment advisory firm argued in California federal court, saying the fund blew past its deadline to sue and didn't qualify for an extension.

  • July 22, 2024

    NLRB Official Greenlights Union Vote For Ky. Plumbing Techs

    A group of plumbing technicians can vote on union representation, a National Labor Relations Board regional director concluded, saying the election will move forward despite a company's claim that "supervisory taint" affected employees' unionization bid.

  • July 22, 2024

    SAG-AFTRA Beats Vax Mandate Suit In Calif. Federal Court

    A California federal judge has tossed a group of SAG-AFTRA members' claims that the union betrayed them by allowing studios to impose vaccine mandates after the pandemic, saying the workers' state-level claims are preempted by the Labor Management Relations Act and a federal-level claim is untimely.

  • July 22, 2024

    NLRB Dings UFCW Over Ralphs Pact's Subcontracting Clause

    A provision dealing with subcontracting work in a contract between seven California United Food and Commercial Workers locals and a Kroger subsidiary violates federal labor law, the National Labor Relations Board determined, with two board members signaling an interest in reviewing the board's analysis for such clauses.

  • July 22, 2024

    Rising Star: Filippatos' Tanvir H. Rahman

    Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

    Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.

  • July 19, 2024

    Upstate NY Security Guards Can Unionize, NLRB Official Says

    A group of security guards at four upstate New York pharmaceutical facilities can vote on union representation, a National Labor Relations Board official said Friday, rejecting their employer's argument that some are union-ineligible supervisors and greenlighting an election for next month.

  • July 19, 2024

    Restaurant Fired Server For Complaining, NLRB Judge Says

    A Minnesota restaurant violated the National Labor Relations Act when it put a former server and bartender on probation and then fired her for complaining about her shifts and wages being cut, a National Labor Relations Board judge found.

  • July 19, 2024

    Calif. Forecast: $5M Nurses Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5 million deal to end a class action against a nurse staffing agency. Here's a look at that case and other labor and employment matters coming up in California.

  • July 19, 2024

    JLL Illegally Snubbed Union, NLRB Attys Tell DC Circ.

    The D.C. Circuit should uphold the National Labor Relations Board's ruling that property management company JLL illegally snubbed the union voted in by a group of California maintenance technicians, board attorneys said, urging the court to reject JLL's argument that the election was tainted.

  • July 19, 2024

    AFL-CIO Backs NLRB Ruling In Home Depot BLM Apron Case

    The AFL-CIO backed the National Labor Relations Board's effort to keep a ruling that Home Depot unlawfully forced a worker to remove a Black Lives Matter message from their apron, telling the Eighth Circuit the decision doesn't affect the chain's freedom of speech.

  • July 19, 2024

    Rising Star: Jackson Lewis' Douglas J. Klein

    Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    NY Forecast: NLRB Injunction Bid Against Starbucks Resumes

    A status conference is scheduled this week in the National Labor Relations Board's recently revived suit seeking an injunction barring Starbucks from violating federal labor law at stores across the country.

  • July 18, 2024

    Teamsters' O'Brien Draws Heat As Labor Readies For Election

    Teamsters President Sean O'Brien's speech at the 2024 Republican National Convention has sparked controversy within the union and broader labor movement as organized labor kicks into gear for a prominent role in the upcoming presidential election.

  • July 18, 2024

    SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure

    The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.

  • July 18, 2024

    6th Circ. Is No Help To CSX Worker Fired For Train Death Post

    The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.  

  • July 18, 2024

    Barnes & Noble Settles Union's Labor Law Violation Claims

    Barnes & Noble College Booksellers LLC and the Retail, Wholesale and Department Store Union have resolved unfair labor practice claims at a New Jersey store, according to a copy of the settlement obtained by Law360, with the company agreeing to training for management on federal labor law.

  • July 18, 2024

    NLRB Judge Finds Union Threatened Workers Who File ULPs

    An International Longshoremen's Association local violated federal labor law by threatening workers who take part in National Labor Relations Board proceedings, an agency judge determined, saying the union's president unlawfully stated that people who file unfair labor practice claims "would be dealt with."

  • July 18, 2024

    Feds Say UAW Shouldn't Be Able To Keep Info From Monitor

    Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    MTA Sued For Bus Service Cuts After Congestion Plan Nixed

    New York City's Public Advocate hit the Metropolitan Transportation Authority with a proposed state court class action Wednesday aimed at reversing bus service cuts implemented after Gov. Kathy Hochul abruptly canceled plans for congestion pricing, slashing billions in anticipated revenue for the MTA.

  • July 17, 2024

    Producer Petitions 2nd Circ. To Revive Blacklisting Suit

    A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.

  • July 17, 2024

    NLRB Won't Revive Union Petition For MIT Graduate Fellows

    A National Labor Relations Board official properly tossed a union's petition to represent Massachusetts Institute of Technology's graduate fellows, correctly finding that the fellows can't unionize because they don't perform work for the university in exchange for compensation, the NLRB ruled Wednesday.

  • July 17, 2024

    NLRB Says Hearing Needed In Strip Club Settlement Dispute

    A unionized California strip club may defend against a claim that it breached a settlement agreement by reopening with changed operations after the National Labor Relations Board on Wednesday denied prosecutors' bid for a default judgment.

Expert Analysis

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • 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.