Labor

  • November 20, 2024

    Hotel Co. Liable For Labor Law Breaches, NLRB Judge Says

    A New Jersey hotel operator violated federal labor law by terminating pro-union workers and not remitting dues to the Hotel and Gaming Trades Council, a National Labor Relations Board judge ruled, saying the company is also on the hook for a previous owner's unfair labor practices.

  • November 19, 2024

    Pa. Paper Committed Bad Faith Bargaining, NLRB Judge Says

    The Pittsburgh Post-Gazette illegally pushed proposals during contract negotiations with a mailers union that would give the newspaper "sweeping control" over many employment terms, a National Labor Relations Board judge ruled Tuesday, recommending a bargaining order and payment for the union's negotiating expenses.

  • November 19, 2024

    Teamsters Local Dodges Truck Driver's Blacklisting Suit

    A Teamsters local defeated a truck driver's claim that he was blacklisted from working on Pittsburgh film sets after complaining about nepotism in hiring, with a Pennsylvania federal judge ruling Tuesday that the case record lacked evidence that the union shut him out of work.

  • November 19, 2024

    NLRB Sends Back Charter School's Jurisdictional Challenge

    A National Labor Relations Board regional director must weigh whether a New Orleans charter school falls under the agency's jurisdiction based on a Louisiana statute, the board determined after the school claimed it is considered a political subdivision under federal labor law.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    FDNY Says Poor Interviews, Not Bias, Thwarted EMS Workers

    Two union-represented emergency medical service workers with the New York City Fire Department missed their shot at promotions because they performed poorly during their interviews, not because the department discriminates against women, people of color and people with disabilities, the FDNY told a New York federal judge Tuesday.

  • November 19, 2024

    Dialysis Operator Challenges NLRB's Bargaining Order Bid

    National Labor Relations Board prosecutors "cherry-picked" unfair labor practice claims for a California federal court injunction bid seeking a bargaining order, a dialysis centers operator argued, telling the judge the company has been negotiating with a Service Employees International Union affiliate for first contracts.

  • November 19, 2024

    SAG-AFTRA Says Producer Owes $163K Over Romania Shoot

    A production company owes money to the actors on a 2019 action film because it violated a labor agreement by shooting scenes in Romania, SAG-AFTRA told a California federal court, seeking enforcement of an arbitration award in the union's favor.

  • November 18, 2024

    NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told

    A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.

  • November 18, 2024

    2nd Trump Term To Spur Shift In Strategy For Labor Movement

    President-elect Donald Trump's second term will require unions to change tactics after operating under a union-friendly administration for four years, with experts expecting the labor movement to lessen its focus on the National Labor Relations Board and embrace different strategies for organizing workers and forcing employers to the table.

  • November 18, 2024

    Traffic Co. Fights Result Of Work Assignment Grievance

    A traffic control company has asked an Illinois federal judge to vacate a grievance committee's finding that the company assigned work to the wrong union, saying the union raised the work assignment dispute in the wrong way.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Co. Can't Use Loper Bright To Nix NLRB Order, 11th Circ. Told

    The National Labor Relations Board defended its decision finding a security services contractor couldn't avoid negotiating with a union by claiming bargaining unit members were supervisors, telling the Eleventh Circuit that the U.S. Supreme Court's Loper Bright ruling doesn't mean the end of deference to the board.

  • November 18, 2024

    5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases

    The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.

  • November 18, 2024

    NLRB Beats Back Most Of Hospital's Constitutional Challenge

    The National Labor Relations Board has beaten back most of a Massachusetts hospital's constitutional challenge, with a D.C., federal judge tossing all claims except an allegation that the NLRB's administrative law judges are unconstitutionally shielded from presidential removal.

  • November 18, 2024

    Kinder Morgan Wants Worker Fired, Not Just Suspended

    An arbitrator wrongly ordered that a union-represented worker be merely suspended rather than fired over an accident in which diesel fuel sprayed at a Houston-area export terminal, energy transport company Kinder Morgan argued in Texas federal court, telling the judge to nix the arbitration award.

  • November 15, 2024

    FanDuel Dropped From Suit Over MLB Players' NIL Use

    The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.

  • November 15, 2024

    SEIU Wants To Join Fight To Make Dialysis Center Bargain

    A SEIU affiliate wants to be involved in the legal effort to force a dialysis center operator to bargain with it, asking a California federal judge to let it intervene in a case in which National Labor Relations Board prosecutors are seeking an injunction against the operator.

  • November 15, 2024

    Nonprofit Can't Topple NYC Labor Peace Law, Judge Says

    A New York federal judge dismissed a social services nonprofit's fight against a New York City law requiring contractors to negotiate with unions, finding the organization hasn't shown that federal labor laws preempt the local statute or that constitutional claims would defeat the law.

  • November 15, 2024

    What To Expect As 5th Circ. Mulls NLRB's Constitutionality

    The Fifth Circuit will mull the National Labor Relations Board's constitutionality Monday during arguments in two overlapping appeals that ask whether federal labor law defies the president's powers and infringes on employers' rights. Here, Law360 takes a look at what to expect.

  • November 15, 2024

    Las Vegas HVAC Techs Cleared To Vote On UA Representation

    A group of Las Vegas heating, ventilation and air conditioning service technicians can vote on representation by a United Association local later this month, a National Labor Relations Board official said.

  • November 15, 2024

    MVP: McNicholas & McNicholas' Matthew McNicholas

    This past year, Matthew McNicholas of McNicholas & McNicholas LLP secured a trio of multimillion-dollar verdicts on behalf of police officers who alleged they were mistreated by their departments, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 15, 2024

    NLRB Prosecutors Ask For Bargaining Order In AAA Case

    The AAA motor club unit covering the western U.S. should be forced to go back to the bargaining table with a Teamsters local and reinstate a fired union supporter, National Labor Relations Board prosecutors told a California federal court.

  • November 15, 2024

    UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.

    The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.

  • November 15, 2024

    Biden Withdraws Cohen Weiss Atty's PBGC Nomination

    President Joe Biden has withdrawn his nomination of a Cohen Weiss & Simon LLP attorney to lead the Pension Benefit Guaranty Corp., four months after putting her name forward and less than two weeks after former President Donald Trump secured a return to the White House.

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

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