Labor

  • 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.

  • June 17, 2024

    NLRB Clears Ariz. Solar Co. Of Improper Firing Claim

    An Arizona solar company has beaten back a worker's accusation that he was unlawfully fired for discussing wages with co-workers, with the National Labor Relations Board ruling that the worker actually resigned after he was denied a raise.

  • June 17, 2024

    Starbucks Cleared Over Firing Chicago-Area Lead Organizer

    Starbucks lawfully fired a union supporter who made a negative remark about a customer, a National Labor Relations Board judge concluded while also finding the company did violate federal labor law by telling the worker that they weren't thinking about their family when backing the union.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Starbucks Illegally Fired Ga. Worker, NLRB Judge Says

    Starbucks violated federal labor law when it fired a worker for leading a protest at a recently unionized Augusta, Georgia, cafe, a National Labor Relations Board judge ruled Friday, adding Starbucks also flouted labor law by demanding the worker show the company his communications with Workers United.

  • June 14, 2024

    Labor Says NLRB Should Ditch Joint Employer Rulemaking

    The AFL-CIO and Service Employees International Union have urged the National Labor Relations Board to walk back its 2020 joint employer rule and return to deciding when two linked entities jointly employ the same workers through case adjudication rather than formal rulemaking.

  • June 14, 2024

    Teamsters Local Wants 26-Year-Old Consent Order To End

    A New York City-based Teamsters local asked the Second Circuit to unwind a 1998 consent order instructing the union to stop unlawful strike activity, saying the order is unnecessary after more than a quarter-century of "spotless compliance" by the union.

  • June 14, 2024

    Starbucks Bypassed Union Over Cut Hours, NLRB Judge Says

    Starbucks unlawfully slashed scheduled work hours for shift supervisors at a Pennsylvania store without giving a Teamsters local the chance to bargain, a National Labor Relations Board judge ruled, saying the company didn't show that it had a past practice of cutting these hours.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    NLRB Rejects Columbia's Challenge To Union Composition

    Columbia University's student worker union includes those who logged fewer than 15 hours per week, the National Labor Relations Board ruled Friday, rejecting the university's argument that the United Auto Workers local should exclude them.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 13, 2024

    Co.'s Noncompete Is 'Ridiculously Broad,' NLRB Judge Says

    A heating and air conditioning installation company in Indiana violated federal labor law by making workers sign an employment agreement with a noncompete, a National Labor Relations Board judge ruled Thursday, calling the provision "ridiculously broad in scope."

  • June 13, 2024

    3 Takeaways As Justices Standardize 10(j) Injunction Test

    The U.S. Supreme Court made it tougher Thursday for the National Labor Relations Board to win temporary injunctions to stop unfair labor practices, rebuking the notion that judges should go easier on the agency than they do other injunction seekers. Here, Law360 looks at three takeaways from this term's biggest labor decision.

  • June 13, 2024

    Bill Banning College Athletes As Workers Gets Committee Nod

    A U.S. House of Representatives panel on Thursday moved new legislation that would prohibit classifying student-athletes as employees of any institution, conference or association to the floor for a vote, as the bill's sponsor pushed back at what he described as the influence of big labor.

  • June 13, 2024

    NLRB Official Approves Union Vote At St. Louis Nonprofit

    Workers at a nonprofit human services agency in St. Louis can vote on representation by a Communications Workers of America local, a National Labor Relations Board official has ruled, siding with the local on what the bargaining unit will look like if the union wins the election.

  • June 13, 2024

    NLRB Says NY Administrative Law Judge Office Will Close

    The National Labor Relations Board said Thursday that the agency will close its New York City office of administrative law judges in July and transfer pending cases to Washington, D.C. 

  • June 13, 2024

    2 Firms Seek Lead Roles In Suit Over Shuttered Philly College

    Attorneys from Philadelphia-area law firms Edelson Lechtzin LLP and Willig Williams & Davidson have asked for appointment as interim co-lead counsel for a potential class of former University of the Arts employees who say the school's sudden closure violated federal statutes.

  • June 13, 2024

    NLRB Pauses Guard Vote Over Union Intervention Bid

    The National Labor Relations Board has granted a Service Employees International Union local's request to stay a representation election at a New York security company, indicating its willingness to consider whether the local was improperly excluded from the running and whether case law from 1984 should stand.

  • June 13, 2024

    NLRB Judge Dings Starbucks' Rule On Being Respectful

    Starbucks illegally maintained a policy telling workers to communicate in a professional and respectful way, a National Labor Relations Board judge ruled, finding the coffee chain hadn't shown how the rule furthered its business interests.

  • June 13, 2024

    Supreme Court Tightens NLRB Injunction Test

    The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.

  • June 12, 2024

    NLRB Chair Attacked At House Hearing As Nom Fight Looms

    Republican members on a U.S. House of Representatives labor subcommittee teed off on the National Labor Relations Board's direction under Democratic Chairman Lauren McFerran at a hearing Wednesday as their counterparts in the U.S. Senate consider her recent nomination for a third term.

  • June 12, 2024

    5th Circ. Won't Halt SpaceX Appeal In Case Challenging NLRB

    The Fifth Circuit said Wednesday that it will continue weighing whether a Texas federal judge must pause an administrative suit against SpaceX from proceeding before the National Labor Relations Board, amid the company's constitutional challenge to the agency's structure.

  • June 12, 2024

    SEIU Unit On Hook For $6M In HCA Healthcare Strike Dispute

    An arbitrator has found a Service Employees International Union affiliate liable for more than $6 million in damages for replacement worker costs from a strike, a California hospital said Wednesday, while a union representative told Law360 that the decision is "outrageous and unprecedented."

Expert Analysis

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

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