Labor

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Rerun Vote At Cannabis Co. Is Justified, NLRB Judge Says

    A cannabis product manufacturer in Washington state violated federal labor law by firing two supporters of a United Food and Commercial Workers local amid an organizing drive, a National Labor Relations Board judge ruled Friday, finding a rerun election should happen given the company's unfair labor practices.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    UAW Invokes NLRB's Cemex Case In Mercedes Vote Challenge

    The United Auto Workers on Friday accused Mercedes-Benz of violating workers' rights in a "relentless anti-union campaign" at two Alabama factories where the union recently lost an election, teeing up a possible bargaining order under a new standard for making employers that meddle in elections deal with unions.

  • May 24, 2024

    EEOC Asks DC Circ. To Revive Bias Case Against Union

    A Washington, D.C., federal judge erred by saying a government employee's discrimination suit against her union was essentially an unfair representation suit that belonged before the Federal Labor Relations Authority, the U.S. Equal Employment Opportunity Commission told the D.C. Circuit on Friday, saying the worker's bias claims belong in court.

  • May 24, 2024

    Cleaning Co. Should Pay Up In SEIU Arb. Case, Judge Says

    A cleaning company and its related entities should be required to compensate terminated workers with more than $22,000 stemming from an arbitration award, a New York federal magistrate judge recommended Friday, saying a Service Employees International Union affiliate showed the businesses were alter egos.

  • May 24, 2024

    NY Forecast: School Pushes To Arbitrate Retaliation Case

    On Thursday, a federal judge will consider a Buffalo, New York, Catholic school's bid to compel arbitration of claims brought by a former president who says she was retaliated against after she uncovered financial and academic issues at the school.

  • May 24, 2024

    NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight

    The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.

  • May 24, 2024

    Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

    The Biden administration has asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the constitutionality of the debt ceiling and that its case was further rendered moot by the passage of a deal to suspend the spending limit until January.

  • May 24, 2024

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

    The United States Postal Service waited too long to turn over requested records to a union at two Michigan facilities and improperly withheld records from the union at a third facility in the state, a National Labor Relations Board judge ruled, finding the postal service 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

    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

    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.

Expert Analysis

  • 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.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.