Labor

  • 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.

  • June 20, 2024

    Charter Axed Teacher Over Breakdown, NLRB Judge Says

    A National Labor Relations Board judge cleared an Ohio charter school Thursday of claims that it fired a teacher for supporting a union drive, saying the evidence shows it fired her for telling a principal she wanted to "murder" her students after they disrupted her lessons.

  • June 20, 2024

    Marathon Has To Arbitrate Subcontracting Row, 9th Circ. Says

    A Ninth Circuit panel on Thursday supported a lower court's decision to make Marathon Petroleum arbitrate a union's grievance over subcontracting under a project labor agreement, saying the company can't use its role as an owner in the accord to avoid arbitration.

  • June 20, 2024

    Honda Illegally Directed UAW Sticker Removal, NLRB GC Says

    Honda violated federal labor law by telling employees to remove United Auto Workers stickers from their safety helmets and committed other unfair labor practices, National Labor Relations Board prosecutors alleged in an unfair labor practice complaint.

  • June 20, 2024

    NLRB Judge's Noncompete Decision Could Set Up Test Case

    A recent National Labor Relations Board judge's decision finding a noncompete agreement that employees were required to sign violated federal labor law should bolster the board general counsel's effort to declare such employment provisions unlawful, experts said.

  • June 20, 2024

    NLRB Attys, Calif. Tribe Settle Casino Subpoena Dispute

    A California federal court dismissed on Thursday National Labor Relations Board prosecutors' bids to enforce subpoenas requesting a list of casino employees who could be in a proposed bargaining unit from a tribe and a gambling company, with agency attorneys saying the parties settled the dispute.

  • June 20, 2024

    FordHarrison Adds Employment Attys In NJ, Nashville

    Employment firm FordHarrison LLP announced that it hired a pair of experienced attorneys as partners in its offices in Nashville, Tennessee, and Berkeley Heights, New Jersey.

  • June 20, 2024

    DLA Piper Adds 2 Entertainment Attys In NY From Reed Smith

    Two entertainment and advertising partners have left Reed Smith LLP to join DLA Piper, including the first woman to serve as the chief negotiator for the Joint Policy Committee, the bargaining representative for the advertising industry in negotiations for the multibillion-dollar commercials collective bargaining agreements with SAG-AFTRA and the American Federation of Musicians.

  • June 18, 2024

    Amazon Caused Seattle Worker To Quit, NLRB GC Says

    Amazon constructively discharged a worker involved in organizing a walkout among employees at its Seattle headquarters over a return-to-office policy, according to a complaint filed by National Labor Relations Board prosecutors, who are seeking an apology letter and a nationwide notice posting from the e-commerce giant.

  • June 18, 2024

    NLRB Can't Fight Subpoenas On Workers' Behalf, Judge Says

    A National Labor Relations Board official can't fight subpoenas that Starbucks issued to employees during an injunction dispute between the company and the agency, a South Carolina federal judge ruled Tuesday, saying the workers aren't parties to the court proceedings and the official can't argue on their behalf.

  • June 18, 2024

    Hospital Illegally Led Supervisor To Resign, NLRB Judge Says

    A Michigan hospital violated federal labor law by causing a supervisor to resign after pressuring her to surrender a photo of a list of possible union supporters, a National Labor Relations Board judge ruled, finding that an exception to the law's usual exclusion of supervisors applied.

  • June 18, 2024

    Ogletree Adds Quarles & Brady Litigator In San Diego

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.

  • June 18, 2024

    Amazon Union Workers Vote To Affiliate With Teamsters

    Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.

  • June 18, 2024

    10th Circ. Won't Revive Airline's Union Election Challenge

    A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    NLRB Says Casino Must Bargain Over Benefits Promises

    A Las Vegas casino rolled out an improved healthcare and retirement package and threatened workers with job and benefits losses in order to thwart a union campaign, the National Labor Relations Board ruled Monday, ordering the company to bargain with the union.

  • June 17, 2024

    Teamsters Plan Says Health Network Has Monopoly In Conn.

    A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

  • June 17, 2024

    Workers' Heated Safety Challenge Was Protected, NLRB Says

    The National Labor Relations Board said Monday that a tape maker illegally punished two workers for mouthing off to a boss amid a safety disagreement, reversing an agency judge's decision in an application of the board's shifting approach to protections for worker outbursts.

  • June 17, 2024

    Shell, HF Sinclair Settle USW's Meme Poster Back Pay Dispute

    Shell Oil and HF Sinclair have settled a dispute over which company is responsible for back pay to a worker who was fired after posting a meme that was found not to be grounds for termination, following the United Steelworkers' bid for enforcement of an arbitration award.

  • June 17, 2024

    6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

    The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

Expert Analysis

  • 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.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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