Labor

  • January 27, 2025

    Legal Aid Attys Fight To Keep Suit Over Union Palestine Vote

    The Association of Legal Aid Attorneys infringed on three members' rights by moving to expel them for trying to stop the union from voting on a controversial pro-Palestine resolution, the attorneys said, asking a New York federal judge to preserve claims that the union violated labor and anti-discrimination laws.

  • January 27, 2025

    6th Circ. Says Union Can't Save Cook For Missing The Boat

    The Sixth Circuit upheld a win for the nation's oldest maritime union Monday, finding that the organization had no ability to defend a cook who was fired by a steamship company after she missed her boat.

  • January 27, 2025

    DC Circ. Skirts Google's Employer Status In NLRB Dispute

    The D.C. Circuit appeared unlikely Monday to decide whether the National Labor Relations Board correctly tagged Google as the joint employer of quality assurance contractors, with a panel seeming skeptical that it can weigh in a year after Google ended its deal with the workers' direct employer.

  • January 27, 2025

    NLRB Official Approves Union Election At Transit Co.

    A transportation services provider in Arizona hasn't shown that some of its workers are supervisors unable to unionize under federal labor law, a National Labor Relations Board regional director determined, saying these workers don't use independent judgment when it comes to work assignments or discipline.

  • January 27, 2025

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP scored significant employer-side wins this year, including a Texas federal court's decision to nationally invalidate a federal rule banning noncompetes and defeating misclassification claims against Uber in Massachusetts, once again earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

  • January 27, 2025

    NLRB Judge Says Parking Co. Snubbed Union, Workers

    A parking contractor unlawfully snubbed a United Food & Commercial Workers affiliate and refused to hire 35 union employees upon taking over valet services at a Long Island, New York, hospital, a National Labor Relations Board judge ruled, deeming the contractor a successor to the previous contractor.

  • January 24, 2025

    SEIU Local Escapes Gov't Worker's Dues Signature Claims

    An SEIU affiliate is off the hook for allegations from a government employee that the union forged her signature on a membership agreement authorizing dues deductions, an Oregon federal judge ruled Friday, finding the outcome of a related state employment board proceeding precludes her claims in court.

  • January 24, 2025

    NLRB Wins Injunction Against AAA For Contract Proposal

    The AAA motor club unit spanning some Western states can't implement a contract proposal to cut workers' commissions on renewed insurance policies, a California federal judge ruled, while denying the National Labor Relations Board's requests for a bargaining order and reinstatement of a fired union supporter.

  • January 24, 2025

    Pac-12 OKs Athlete Group's Bid To Drop Classification Case

    A group that advocates for college athletes to be paid can drop its claim that these players are National Labor Relations Act-protected employees, the Pac-12 Conference said, consenting to the group's request to withdraw a case being heard by a National Labor Relations Board judge.

  • January 24, 2025

    Steelworkers Botched Firing Probe, Worker Tells 6th Circ.

    The ex-fire chief of a Michigan paper plant urged the Sixth Circuit to revive his suit claiming the United Steelworkers unfairly refused to challenge his 2021 firing, arguing his rep blindly accepted the company's explanation for canning him even though he gave reasons to doubt it.

  • January 24, 2025

    Calif. Forecast: $3.6M Freight Co. Wage Deal Could Get OK'd

    In the next week, attorneys should watch for the potential final approval of a $3.6 million settlement in a wage and hour class action against a freight carrier. Here's a look at that case and other labor and employment matters on deck in California.

  • January 24, 2025

    Employment Group Of The Year: Shegerian & Associates

    Shegerian & Associates won two jury trials for an oncologist in her gender discrimination lawsuit and secured a $14 million award for a bank manager who was fired for taking leave to care for her critically ill husband, earning the firm a place among the 2024 Law360 Employment Groups of the Year.

  • January 24, 2025

    NLRB Official OKs Union Vote For Brooklyn Nurse Educators

    A group of nurse educators can vote on whether they want to join an existing bargaining unit at a Brooklyn hospital, a National Labor Relations Board regional director concluded, rejecting the employer's claims that the educators are statutory supervisors and the parties' labor contract prevents the election.

  • January 24, 2025

    NY Forecast: Judge Hears YouGov's Bid To Toss Bias Suit

    This week, a New York federal judge will consider YouGov's bid to toss a former executive's lawsuit claiming she was discriminated against because of her gender and ultimately forced to resign after she complained about her treatment.

  • January 23, 2025

    Hiring Freeze, Ending Telework Would Devastate USPTO

    The U.S. Patent and Trademark Office would be uniquely harmed if forced to follow the Trump administration's return to office mandate, given its nearly 30-year history of telework that has led to 96% of its employees being permanently remote.

  • January 23, 2025

    Retired Pittsburgh Cops Overpaid For Healthcare, Panel Rules

    Pennsylvania's Commonwealth Court has ruled that the city of Pittsburgh overcharged retired police officers for healthcare benefits, rejecting the city's argument to overturn an arbitrator's award in favor of the local Fraternal Order of Police lodge as too expansive.

  • January 23, 2025

    Unions To Face Hurdles Organizing Under Trump NLRB

    President Donald Trump's return to the White House will likely usher in a more difficult organizing climate for labor unions, and experts said the coming changes could particularly complicate organizing in academia and industries with many low-wage workers.

  • January 23, 2025

    Yellow Corp. Says It Acted In Good Faith With WARN Notices

    Defunct trucking company Yellow Corp. told a Delaware bankruptcy judge on Thursday that its last delivery was made the day before it laid off 22,000 union workers, making it a "liquidating fiduciary" that would not be liable for inadequate mass-layoff notices under the WARN Act.

  • January 23, 2025

    NLRB Urges Toss Of Restaurant Group's Constitutional Clash

    An Arizona federal judge must nix a restaurant group's constitutional claims against the National Labor Relations Board, the agency argued, saying the company hasn't shown how removal protections for board members and administrative law judges brought about harm.

  • January 23, 2025

    11th Circ. Upholds Win For UPS, Union In Worker's Bias Suit

    UPS and a Teamsters local defeated a fired employee's race discrimination and Americans with Disabilities Act suit Thursday before the Eleventh Circuit, with the appellate court upholding a victory by the company and union before a Florida federal judge.

  • January 23, 2025

    Employment Group Of The Year: Paul Hastings

    Paul Hastings LLP represents major companies like Nike and Google, and handled overlapping discrimination government investigations against video game company Activision Blizzard, ultimately notching settlements that closed the book on both probes, earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

  • January 23, 2025

    United Airlines Ex-Tech Sues To Get Grievance Arbitrated

    A fired United Airlines technician asked a New York federal judge to compel arbitration of a grievance he filed in June over his termination, saying he has a right to have the grievance arbitrated under the Railway Labor Act.

  • January 23, 2025

    Calif. Appeals Court Backs Apprentice Work Regulations

    A California appeals court refused to reinstate a challenge from several employer associations seeking to strike down new regulations governing how apprentices can spend their time working, saying the California Apprenticeship Council was in the clear to promulgate the new rules.

  • January 22, 2025

    NLRB Judge OKs Amazon's Firing Of North Las Vegas Worker

    Amazon's 2021 firing of a worker at a North Las Vegas fulfillment center did not violate the National Labor Relations Act, a National Labor Relations Board judge ruled Wednesday, rejecting board prosecutors' argument that the worker's firing was linked to her complaints about working conditions.

  • January 22, 2025

    Starbucks Union's Contract Hopes Dim After Peace Fractures

    Starbucks Workers United's hopes of reaching favorable contracts with the coffee giant have diminished amid a breakdown in once-promising negotiations and the reignition of the bitter legal battle that clouded the campaign's first two years.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • 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.

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