Labor

  • August 02, 2024

    Calif. Forecast: Charter Vacation Time Suit Back In Court

    In the coming week, attorneys should keep an eye out for arguments regarding dueling partial summary judgment bids in a class action alleging Charter Communications failed to pay out unused vacation time when it merged with Time Warner Cable. Here's a look at that case and other labor and employment matters coming up in California.

  • August 01, 2024

    Ex-Philly Union Leaders On The Hook For Union's Legal Fees

    Former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty will have to pay 90% of the attorney fees that the International Brotherhood of Electrical Workers Local 98 incurred while participating in the government's public corruption and embezzlement cases against him, a federal judge said Thursday.

  • August 01, 2024

    Feds Say Farmworkers Should Have Sued State Over Wages

    The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.

  • August 01, 2024

    Employers Urge Justices Take Up Withdrawal Liability Fight

    The U.S. Supreme Court must resolve a circuit split over how to calculate the bills sent to companies that leave union pension plans, a group of employers has argued, fighting an argument by the trustees of an International Association of Machinists pension fund that the split is "tolerable."

  • August 01, 2024

    Pa. Workers' OT Claims Over Pensions Stand, Judge Says

    Federal labor law doesn't preempt some claims from unionized hospital workers in Pennsylvania over incorrect overtime pay, a federal judge determined, saying interpretation of a labor contract laying out the calculation of wage rates and pension contributions isn't necessary to resolve those allegations.

  • August 01, 2024

    NLRB Prosecutors Make Employee Case For USC Athletes

    National Labor Relations Board prosecutors urged an agency judge to find that players on the University of Southern California's football and basketball teams are employees under federal labor law, arguing their status as students doesn't mean they aren't workers.

  • August 01, 2024

    NJ Justices Say Bridge Commission Can Mandate Union Deals

    The compact that created the bistate Delaware River Joint Toll Bridge Commission gave the commission the authority to require contractors to use project labor agreements in a publicly bid construction project, the New Jersey Supreme Court ruled Thursday.

  • August 01, 2024

    IAM Local, Car Dealership Settle Secondary Boycott Suit

    An International Association of Machinists local and a Mercedes-Benz dealership told a California federal judge Wednesday that they've reached a deal to end claims that union-represented workers violated federal labor law by blocking a delivery truck from exiting a dealership during a strike.

  • August 01, 2024

    NLRB Office Won't Pursue Amazon Ex-Worker's Firing Claim

    The head of the National Labor Relations Board's Brooklyn office has declined to pursue a case accusing Amazon of firing a worker for reporting their supervisor to the company's ethics hotline, saying Amazon presented evidence that it fired the worker for "threatening behavior."

  • August 01, 2024

    Senate Panel OKs NLRB Nominees, Setting Up Floor Fight

    A Senate committee on Thursday voted to advance the nomination of National Labor Relations Board Chairman Lauren McFerran and a Seyfarth Shaw LLP partner nominated to fill a Republican vacancy on the board, setting up a high-stakes floor fight over key spots at the agency.

  • August 01, 2024

    Calif. Tribe Can't Toss Casino Card Check Award, For Now

    A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.

  • July 31, 2024

    Pa. Panel Upholds Post-Gazette Strikers' Win

    The Pennsylvania Superior Court on Wednesday delivered a win for striking unions picketing outside the Pittsburgh Post-Gazette's warehouse, upholding a county court's decision that the newspaper's claims that the unions disrupted deliveries were out of its jurisdiction.

  • July 31, 2024

    EEOC Pondering Daylong Staff Furlough Amid Cash Crunch

    The U.S. Equal Employment Opportunity Commission is considering furloughing all agency staff for one day in late August to stay under its operational budget, the commission and a union representing its employees confirmed Wednesday.

  • July 31, 2024

    DOL's Debarment Of Contractor Over Wages Fight Is Upheld

    A decision from the U.S. Department of Labor's Administrative Review Board to debar a painting contractor in Minnesota is sustained, a federal judge ruled, saying the company didn't show how the agency abused its discretion with its order over allegedly unpaid prevailing wages.

  • July 31, 2024

    Union Effort Underway At DOJ's Civil Rights Section

    Attorneys in the U.S. Department of Justice's Civil Rights Division are in the early stages of organizing a union, the union they're seeking to join confirmed Wednesday.

  • July 31, 2024

    Court Test Expected For NLRB's 'Blocking Charge' Revival

    The National Labor Relations Board has moved to unwind a 2020 regulation that curtailed the practice of pausing elections over alleged misconduct and limited an insulation period for voluntarily recognized unions, but experts expect a swift challenge given recent U.S. Supreme Court precedent limiting court deference to federal agencies.

  • July 31, 2024

    Amazon Labor Union Reformers Sweep New Officer Elections

    A slate of reform candidates for the Amazon Labor Union won all positions on the ballot in an officers election, the union's new president told Law360 on Wednesday, with the results signifying a "different direction" for the union as it aims to win a first contract at the e-commerce giant.

  • July 31, 2024

    4 Mass. Rulings You May Have Missed In July

    Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.

  • July 31, 2024

    VW To Give Back Pay To Mexico Factory Workers, USTR Says

    The Office of the U.S. Trade Representative has announced a remediation plan at Volkswagen's largest manufacturing plant in Mexico under which the carmaker will reinstate eight workers with back pay and adopt a statement of neutrality toward employees associating with unions.

  • July 31, 2024

    Public Interest Firm Adds K&L Gates Ex-Partner As Managing Atty

    The Fairness Center, a Harrisburg, Pennsylvania-based nonprofit legal services organization representing public-sector union employees against union officials, has expanded its leadership team this week by adding a former K&L Gates partner as a managing attorney.

  • July 31, 2024

    NLRB To Review SEIU's Exclusion From Guards' Union Ballot

    The National Labor Relations Board will review a regional director's decision to deem a Service Employees International Union local ineligible to represent a group of security guards, signaling its openness to considering whether security guards can vote on joining "mixed unions" of guards and nonguards.

  • July 30, 2024

    Teamsters Fight United Workers' Challenge To Raise Formula

    The Teamsters urged a California federal judge to dismiss for good a suit by United Airlines workers seeking the formula the union and the company have used to calculate semiannual raises, saying the amended complaint remains deficient and late.

  • July 30, 2024

    NY Musicians Defend Representation Fight Against Union

    Two orchestra musicians defended their duty of fair representation claims against an American Federation of Musicians local and breach of labor contract allegations against the New York Philharmonic, urging a federal judge to find the defendants are on the hook for actions involving their suspensions.

  • July 30, 2024

    Utility Co. Denied Injunction In Row Over Apprentice Workers

    A Michigan federal judge has denied a utility construction and maintenance company's bid for an injunction against a joint labor-management committee supervising apprentice line workers in the company's antitrust suit, finding that the company is unlikely to succeed on the merits of its claim.

  • July 30, 2024

    Fire Captain Fights Reprimand After Union Rally Mass Arrest

    A Los Angeles Fire Department captain and the union that represents him have sued the fire department and city in California federal court, accusing them of illegally reprimanding the captain for getting arrested alongside hundreds at a rally to support striking hotel workers.

Expert Analysis

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

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