Labor

  • June 25, 2024

    Split NLRB Says Plumbing Co. Defied Deal By Snubbing Union

    An Illinois plumbing and fire suppression company violated its settlement with a Plumbers local when it stopped recognizing the union and bargaining for a first contract, a split National Labor Relations Board ruled Tuesday, ordering the company to resume negotiations if the union wishes.

  • June 25, 2024

    NLRB Official Nixes Forging Co.'s Bid For Broader Unit

    Workers in forge and heat treat departments at a California metal manufacturing facility may vote on union representation with a Machinists affiliate, a National Labor Relations Board acting regional director said, tossing the company's attempt to expand the bargaining unit, except for one role.

  • June 25, 2024

    DOL Must Rethink Tossing UAW Member's Election Challenge

    The U.S. Department of Labor must take a second look at a United Auto Workers member's challenge to a union officer election, a Michigan federal judge ruled Tuesday, saying the agency should have weighed in on 30 of the members' objections instead of dismissing them as untimely.

  • June 25, 2024

    Pipefitters Union Wants Out Of Black Worker's Race Bias Suit

    A pipefitters union local asked a Pennsylvania federal judge to dismiss a member's $10 million racial bias lawsuit, saying the worker's employer, not the union, bears responsibility for any racism he experienced on the job.

  • June 25, 2024

    Immigration Org.'s Attys Can Be In Union, NLRB Official Says

    Attorneys at a nonprofit providing immigration legal services may remain in a voluntarily recognized union bargaining unit, a National Labor Relations Board regional director concluded, saying the attorneys are not supervisors who are excluded from unionizing under federal labor law.

  • June 25, 2024

    NJ Says Union Skipped Over Black Workers For Job Referrals

    An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.

  • June 25, 2024

    Wynn Casino Can't Undo Rehiring Of Worker Fired For Slur

    Wynn Resort's Encore Boston Harbor Casino has lost its effort to overturn an arbitrator's decision to reinstate and issue back pay to a call center reservation worker it fired for allegedly calling a Black colleague a racial slur.

  • June 24, 2024

    Ex-Philly Union Head Denied Acquittal On Embezzlement

    A Pennsylvania federal judge has declined to throw out the conviction of John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98, on charges that he stole money from the union to pay for repairs to his home and others' properties.

  • June 24, 2024

    Biden NLRB Chair Under Microscope As Renomination Looms

    National Labor Relations Board chair Lauren McFerran is facing a deluge of attacks following her nomination for another term as management advocates seek to fend off an appointment that could cement Democratic control of the board deep into a possible Republican presidency.

  • June 24, 2024

    Minn. AG Says Biz Groups Can't Topple Captive Meetings Law

    The Minnesota attorney general and other state officials fought off claims from a company and two business groups against a law barring employers from disciplining workers who don't want to listen to so-called captive audience meetings, arguing there isn't an enforcement threat.

  • June 24, 2024

    Teamsters Fund Must Face Pension Conversion Suit

    A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.

  • June 24, 2024

    Judge Blocks Part Of DOL Construction Prevailing Wage Rule

    A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.

  • June 24, 2024

    Junior Leaguers Are Offsides On Antitrust Claims, NHL Says

    The NHL is looking to squash a putative antitrust class action from players in its developmental leagues alleging exploitation and abuse, telling a New York federal court that such disputes over pay and work conditions fall under the league's collective bargaining agreement and are shielded from antitrust scrutiny.

  • June 24, 2024

    NLRB Fights Longshore Union's Work Spat At 9th Circ.

    The National Labor Relations Board defended its decision finding a longshore union unlawfully continued to fight jurisdiction over maintenance work in the Port of Seattle that was awarded to the Machinists, telling the Ninth Circuit that this isn't a work preservation dispute.

  • June 24, 2024

    Amazon CEO's Comments Broke Labor Law, NLRB Attys Say

    The Amazon CEO's decision to state publicly that unionization could damage workers' direct relationship with managers should land the company on the hook for a labor law violation, National Labor Relations Board prosecutors told the board, arguing for a change in precedent on such statements.

  • June 24, 2024

    Justices To Assess Reach Of ADA To Ex-Workers' Benefit Suits

    The U.S. Supreme Court on Monday accepted a retired Florida firefighter's request that it decide whether former employees can lodge discrimination suits under the Americans with Disabilities Act related to post-employment benefits.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

  • June 21, 2024

    Teamsters-Amazon Labor Union Merger Helps Both Parties

    The Amazon Labor Union's recent merger into the Teamsters could help both groups in their fights against Amazon, but they still face uphill battles to reach a labor contract at the company's only unionized warehouse and organize workers elsewhere in the retail giant's sprawling logistics network.

  • June 21, 2024

    NY Judge Says Feds, MTA Fully Vetted Congestion Pricing

    A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.

  • June 21, 2024

    NCAA Says Hoops Union Order Creates 'Destructive' Division

    A National Labor Relations Board regional director's decision finding men's basketball players at Dartmouth College are employees under federal labor law pits students against each other, the NCAA argued, urging the board not to assert jurisdiction over student-athletes.

  • June 21, 2024

    Union Tells 1st Circ. It's Fit To Bring Debt Cap Challenge

    A U.S. government workers' union challenging the constitutionality of the debt ceiling urged the First Circuit to ignore the Biden administration's argument that union members couldn't explain how it harms them, saying it's reasonable to expect their paychecks will be suspended when it is reimposed.

  • June 21, 2024

    Teamsters Say Calif. Pot Shop's Deal Was With 'Sham' Union

    The International Brotherhood of Teamsters is asking to intervene as a defendant in a cannabis retailer's suit challenging the constitutionality of California's requirement that the retailer enter a labor peace agreement with a "bona fide" labor organization, saying the union the shop contracted is a sham that does nothing to organize workers.

  • June 21, 2024

    NY Forecast: 2nd Circ. Weighs Construction Workers' OT Suit

    This week, the Second Circuit will consider a group of construction workers' attempt to revive a proposed class and collective action claiming a group of construction companies failed to pay them overtime required under state and federal law. Here, Law360 explores this and other cases on the docket in New York.

  • June 21, 2024

    Mount Sinai's Doctor Pacts Violate Labor Law, NLRB GC Says

    New York's Mount Sinai Health System has illegally required part-time physicians to sign employment agreements with provisions that infringe on workers' rights, National Labor Relations Board prosecutors alleged, and the agency is seeking financial damages for affected employees.

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

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