Labor

  • 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.

  • November 15, 2024

    Calif. Forecast: Vision Care Co. Could Pay $3.5M In Wage Deal

    In the coming week, attorneys should watch for the potential final approval of a nearly $3.5 million deal in a wage and hour class action involving entities operating a vision care health insurance company. Here's a look at that case and other labor and employment matters on deck in California.

  • November 14, 2024

    NLRB's Captive Audience Shift Impactful, At Least For Now

    The National Labor Relations Board's decision finding so-called captive audience meetings violate federal labor law dealt organized labor a long-awaited win against one of the most common tools in employers' campaigns against unions, and experts said the decision will be impactful even if the precedent it establishes faces an uncertain future.

  • November 14, 2024

    NLRB GC Talks Legacy With ABA As Term Nears Likely End

    National Labor Relations Board general counsel Jennifer Abruzzo and the labor bar bid each other an implicit farewell at an American Bar Association panel Thursday in Manhattan covering her groundbreaking theories, her legacy and what she wants from the board's Democratic majority in its remaining time at the helm.

  • November 14, 2024

    NLRB Office Denied Injunction Against Valet Parking Co.

    A New York federal judge shot down a National Labor Relations Board office's request for an injunction against a Long Island hospital's valet parking contractor Thursday, saying the office failed to prove irreparable harm would occur if the contractor wasn't compelled to hire the previous contractor's union-represented staff.

  • November 14, 2024

    NLRB Members Spar Over Fresh Precedent Shifts At Panel

    Deep disagreements about employers' rights under federal labor law leaped out of the federal record and into real life Thursday as the members of the National Labor Relations Board debated two decisions restricting anti-union campaigning at the American Bar Association's annual Labor and Employment Law Conference in Manhattan.

  • November 14, 2024

    UPS Driver's Class Claims Can Stay In Court, Judge Says

    UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.

  • November 14, 2024

    NLRB's Dues Reimbursement Order Must Stand, 8th Circ. Told

    The National Labor Relations Board rightly ordered a hospital to reimburse a Service Employees International Union affiliate for dues that weren't deducted before a decertification vote was certified, the union told the Eighth Circuit, urging the court to enforce the board's decision.

  • November 14, 2024

    Teamsters Look To Ax Indiana UPS Manager's Race Bias Suit

    A UPS manager can't move forward with a discrimination lawsuit against an Indianapolis Teamsters local because the union doesn't represent or employ him, the union told an Indiana federal judge, asking him to toss the suit.

  • November 14, 2024

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, a partner at Gibson Dunn & Crutcher LLP, secured rulings from the bench in a case about his client Fearless Foundation's awarding of grants to Black female entrepreneurs and in another dispute representing DraftKings as the company sought to stop a former executive from soliciting customers ahead of the Super Bowl, earning him a spot as one of the 2024 Law360 Employment MVPs.

Expert Analysis

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

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