Labor

  • July 25, 2024

    Union Rightly Certified At Dispensary, NLRB Tells DC Circ.

    The D.C. Circuit should reject a Phoenix cannabis dispensary's challenge to union certification, National Labor Relations Board attorneys argued, saying an agency official properly certified a United Food and Commercial Workers local as the dispensary workers' representative after tossing the argument that the union election notice was tainted.

  • July 25, 2024

    Rising Star: Jones Day's Kristina Yost

    Kristina Yost of Jones Day has acted as lead counsel for Bloomberg LP in several high-profile Fair Labor Standards Act suits, helped a manufacturing company defeat a suit claiming it failed to pay overtime and worked to resolve an age discrimination case against IBM, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 25, 2024

    BREAKING: Calif. Justices Rule Prop 22 Is Constitutional

    The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.

  • July 24, 2024

    Safeway Gets Early Win In Floor Co.'s SEIU Conspiracy Suit

    A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.

  • July 24, 2024

    CUNY Profs Ask Justices To Take Challenge To NY Union Law

    Six City University of New York professors have asked the U.S. Supreme Court to ax a state law that lets unions represent all employees of certain public-sector workplaces, saying the law violates their First Amendment right to dissociate from advocacy groups that support policies they oppose.

  • July 24, 2024

    NLRB GC Calls For 'Unprecedented' Remedy, Starbucks Says

    Union organizing did not lead Starbucks to combine three stores in Seattle into one corporate unit, the coffee giant argued to a National Labor Relations Board judge, opposing agency prosecutors' bid for various remedies, including an "unprecedented" disbandment of a business operation called the Heritage District.

  • July 24, 2024

    Starbucks Shorted Union Workers On Raises, Judge Says

    Starbucks violated federal labor law by offering smaller raises to employees of stores where workers started a nationwide union drive than it did to nonunion workers, a National Labor Relations Board judge ruled, recommending a broad cease-and-desist order against the company given its "proclivity" to break the law.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 24, 2024

    Rising Star: Weil's Rebecca Sivitz

    Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 23, 2024

    7th Circ. Affirms Ruling Mining Co. Flouted Labor Law

    The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes before their shift, but it denied a union's bid to extend the violation to strike replacements.

  • July 23, 2024

    Construction Co. Protests Union Clause In Army Corps Deal

    Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.

  • July 23, 2024

    Hotel Says Justices Must Address NLRB Policy Post-Chevron

    The U.S. Supreme Court should step into a dispute over how National Labor Relations Board prosecutors prove that employers harbor anti-union bias, considering the justices just held that courts have greater authority than agencies to interpret federal statutes, a Los Angeles hotel told the high court.

  • July 23, 2024

    University Of Chicago Union Hit With Antisemitism Claims

    A nonprofit advocating for graduate students accused the union representing them at the University of Chicago of antisemitism, claiming the union is violating the First Amendment by making student workers pay fees to continue their employment despite statements the union has made about the war in Gaza. 

  • July 23, 2024

    Chamber Pans NLRB's 'Amorphous' JE Rule Interpretation

    The U.S. Chamber of Commerce and other business groups urged the D.C. Circuit to reject a National Labor Relations Board decision requiring Google and a contractor to bargain with YouTube Music workers, saying the agency relied on an "amorphous conception" of joint employer law in reaching the decision.

  • July 23, 2024

    Union, Workers Can't Halt Release Of Therapy Docs

    An AFL-CIO affiliated union can't stop a utility company from requesting therapy notes from three workers who are trying to return to work from short-term disability, a Pennsylvania federal judge ruled, saying that there is a lack of irreparable injury.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Co. Illegally Refused To Hire Union Backers, NLRB Judge Says

    A heating and air conditioning installation company in Georgia violated federal labor law by refusing to hire workers who were union organizers, a National Labor Relations Board judge found, saying the company's owner made comments showing anti-union bias.

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 22, 2024

    Investment Adviser Seeks To Ax Union Fund's Bad Advice Suit

    A union pension fund that claims it lost $30 million due to bad investment advice it received in the mid-2010s missed its chance to challenge that advice, an investment advisory firm argued in California federal court, saying the fund blew past its deadline to sue and didn't qualify for an extension.

  • July 22, 2024

    NLRB Official Greenlights Union Vote For Ky. Plumbing Techs

    A group of plumbing technicians can vote on union representation, a National Labor Relations Board regional director concluded, saying the election will move forward despite a company's claim that "supervisory taint" affected employees' unionization bid.

  • July 22, 2024

    SAG-AFTRA Beats Vax Mandate Suit In Calif. Federal Court

    A California federal judge has tossed a group of SAG-AFTRA members' claims that the union betrayed them by allowing studios to impose vaccine mandates after the pandemic, saying the workers' state-level claims are preempted by the Labor Management Relations Act and a federal-level claim is untimely.

  • July 22, 2024

    NLRB Dings UFCW Over Ralphs Pact's Subcontracting Clause

    A provision dealing with subcontracting work in a contract between seven California United Food and Commercial Workers locals and a Kroger subsidiary violates federal labor law, the National Labor Relations Board determined, with two board members signaling an interest in reviewing the board's analysis for such clauses.

  • July 22, 2024

    Rising Star: Filippatos' Tanvir H. Rahman

    Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

    Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.

  • July 19, 2024

    Upstate NY Security Guards Can Unionize, NLRB Official Says

    A group of security guards at four upstate New York pharmaceutical facilities can vote on union representation, a National Labor Relations Board official said Friday, rejecting their employer's argument that some are union-ineligible supervisors and greenlighting an election for next month.

Expert Analysis

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • 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.