Labor

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    Pittsburgh Paper Bargained In Bad Faith, NLRB Judge Says

    The Pittsburgh Post-Gazette violated federal labor law by pursuing proposals in contract negotiations that would tread on its advertising department workers' rights, a National Labor Relations Board judge ruled, issuing a bargaining order against the newspaper.

  • July 10, 2024

    NLRB Outburst Order Violated Due Process, 5th Circ. Says

    The National Labor Relations Board must reconsider its decision changing the analysis of whether worker outbursts are protected under federal labor law, the Fifth Circuit ruled, finding the board violated a company's due process rights by not hearing its arguments prior to the precedent shift.

  • July 10, 2024

    Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • July 10, 2024

    Keurig Dr. Pepper Sent Mass Anti-Union Texts, Workers Say

    Keurig Dr. Pepper has been accused in Illinois state court of sending mass anti-union text messages to the personal cellphone numbers of its factory workers, in violation of their privacy.

  • July 10, 2024

    $6B Yellow Corp. Pension Fund Fight Set For August Hearing

    A Delaware bankruptcy judge said Wednesday he would schedule a hearing in August to resolve competing motions for summary judgment on Yellow Corp.'s objection to several pension plans' claims for more than $6 billion in retirement-fund withdrawal liability.

  • July 09, 2024

    6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight

    The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.

  • July 09, 2024

    Trader Joe's Fired Worker For Raising Complaints, NLRB Says

    The National Labor Relations Board ordered Trader Joe's on Tuesday to rehire a worker who was fired after raising concerns about COVID-19 safety, benefits and other issues, affirming a judge's ruling that the company acted to rid itself of a "squeaky wheel" and not because co-workers complained about her.

  • July 09, 2024

    DC Circ. Dings NLRB's Analysis In Pot Co.'s Certification Fight

    The National Labor Relations Board must explain why it applied one legal test over another when analyzing whether a union representation election at a Chicago cannabis dispensary was fair, the D.C. Circuit said Tuesday, sending the dispensary's challenge to union certification back to the board.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    NLRB Official Says Carmaker's Union Info Request Is Invasive

    An electric car manufacturer is overreaching by soliciting communications between a union and its workers in an injunction dispute with a National Labor Relations Board official, the agency told an Arizona federal judge, asking her to deny the company's request for third-party document production.

  • July 09, 2024

    No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case

    A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.

  • July 09, 2024

    NLRB Asks High Court Not To Touch Union Animus Standard

    The Ninth Circuit correctly enforced a National Labor Relations Board decision ordering a hotel to rehire more than 100 union-represented workers, the agency told the U.S. Supreme Court, asking it to uphold the ruling and reject the hotel's challenge to the evidence standard for proving anti-union animus.

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-NLRB Atty Rejoins Ogletree After In-House Stint

    After a busy month of expansion, management-side labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it is welcoming a shareholder back to the firm following his in-house stint with wholesale grocery distributor UNFI.

  • July 08, 2024

    UAW Monitor Says Union Must Turn Over Docs

    The court-appointed monitor overseeing the United Auto Workers' compliance with a 2021 consent decree that resolved a corruption probe told a Michigan federal judge Monday that the union cannot withhold certain documents from him, saying the consent decree doesn't entitle the union to confidentiality.

  • July 08, 2024

    NEA Locks Out Staff Union After Strike During Annual Meeting

    The National Education Association locked out employees represented by a staff union Monday after workers were on the picket line for three days during an annual meeting of the national organization.

  • July 08, 2024

    Mass. Court Tosses School Nurses' Breaks Suit

    A Massachusetts appeals panel kept a trial court's decision tossing two school nurses' suit claiming unpaid meal breaks, saying the duo was paid for the breaks they spent while remaining on school grounds.

  • July 08, 2024

    Judge Rightly Axed Guard's Bias Claim, Union Tells 6th Circ.

    An Ohio federal judge properly dismissed a fired white female prison guard's claim that her union failed to fight as hard for her reinstatement as it did for the Black male guard fired alongside her, the union told the Sixth Circuit, saying her claims lack merit.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    DC Circ. Supports NLRB Order Against Puerto Rico Hospital

    The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.

  • July 08, 2024

    5 Labor Battles To Watch In 2024's 2nd Half

    The second half of the year will feature action in several cases with major implications for the labor law landscape, including SpaceX's suits seeking to gut the National Labor Relations Board and a board case that could extend organizing rights to college athletes. Here, Law360 looks at these and other cases to watch in the second half of 2024.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

Expert Analysis

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

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