Labor

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    3 Questions For California's Fast Food Council

    The California Fast Food Council has a mandate to reform the fast-food industry, and coming off its first meeting, employment law practitioners have questions about how it can improve upon the state's already robust regulations and whether it will be balanced. Here, Law360 explores three such questions for the council as it gets up and running.

  • April 08, 2024

    Cemex Case Puts Focus On Detail Of Recognition Demands

    The National Labor Relations Board's landmark decision in August that reworked the process for union representation elections has put more focus on unions' requests for voluntary recognition from employers, but experts said the changes have been more technical than drastic.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    GC Urges NLRB To Reverse Whole Foods BLM Gear Ruling

    Whole Foods should be found in violation of federal labor law for preventing workers from wearing Black Lives Matter apparel and buttons, National Labor Relations Board prosecutors contended Friday, saying an agency judge wrongly found the workers' adornment of the gear wasn't protected.

  • April 05, 2024

    NJ Smoking Law Violates Casino Workers' Rights, UAW Says

    A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.

  • April 05, 2024

    UAW Seeks Vote At Ala. Mercedes Plants, Cites Broad Support

    The United Auto Workers petitioned the National Labor Relations Board on Friday to hold a union representation election among more than 5,000 workers across two Mercedes plants in Alabama, the union's second petition targeting Southern car plants amid an organizing blitz.

  • April 05, 2024

    USW Says Arbitrator Right To Call For Meme Poster's Rehire

    The United Steelworkers have urged a Washington federal judge to enforce an arbitrator's order that Shell and its successor at a Washington refinery rehire a worker fired over an offensive meme, saying that the order jibes with a union contract and that the employers share liability for fulfilling it.

  • April 05, 2024

    DOL Joins DOJ's Artificial Intelligence Fairness Pledge

    The U.S. Department of Labor joined a U.S. Department of Justice pledge to enforce civil rights and related federal laws in the use of automated tools like artificial intelligence.

  • April 05, 2024

    LA Hotel Seeks Uniform Rule In High Court NLRB Appeal

    Hotel Bel-Air in Los Angeles implored the U.S. Supreme Court to review the Ninth Circuit's enforcement of a National Labor Relations Board decision ordering the rehire of more than 100 workers, telling the justices to create a uniform rule for evaluating evidence of anti-union bias.

  • April 05, 2024

    Calif. Cannabis Delivery Workers Vote To Authorize Strike

    California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.

  • April 05, 2024

    Firefighters Union's Finance Firm Can't Spike Whistleblower Claim

    A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.

  • April 05, 2024

    NY Forecast: Worker's $1 Win In Sex Bias Case At 2nd Circ.

    This week, the Second Circuit will consider a dental hygienist's challenge to a New York federal judge's decision to order a new trial over sexual harassment claims against her former employer that resulted in a jury awarding her $1 in damages. Here, Law360 explores this and other cases on the docket in New York.

  • April 05, 2024

    Barnes & Thornburg Adds Labor, Biz Immigration Pro

    Barnes & Thornburg LLP has hired an employment partner from Dorsey & Whitney LLP with 20 years of experience navigating companies through labor, employment and immigration matters.

  • April 04, 2024

    Ex-La-Z-Boy Operator Reaches $300K Deal On Fired Workers

    The former operator of a La-Z-Boy store in Indiana agreed to pay nearly $300,000 and issue apology letters in an unfair labor practice proceeding linked to the termination of two employees who spoke up about working conditions, according to a copy of the settlement obtained by Law360 on Thursday.

  • April 04, 2024

    Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal

    A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.

  • April 04, 2024

    Amazon Union Leaders Accused Of Blowing Up Election Deal

    An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.

  • April 04, 2024

    Shippers Unlawfully Aided Seafarers Union, NLRB Judge Says

    A group of shipping companies is liable for federal labor law violations as a single employer, a National Labor Relations Board judge ruled, saying the companies illegally recognized the Seafarers International Union and told workers to join the union as a condition of employment.

  • April 04, 2024

    Bakery Driver Says Co. Illegally Fired Him, Union Evaded Duty

    An Ohio-based baking company illegally fired a driver after he refused to complete a delivery that he said could have violated U.S. Department of Transportation regulations and his union failed to fairly represent him, the worker said in a suit filed Thursday in federal court.

  • April 04, 2024

    Legislative Workers Union Reaches Deal With NY City Council

    The New York City Council and a union representing legislative employees reached a tentative agreement on their first-ever labor contract, Council Speaker Adrienne Adams announced.

  • April 03, 2024

    NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX

    The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.

  • April 03, 2024

    Amazon Cut Strikers' Time Off, NLRB Regional Director Claims

    Amazon violated federal labor law by dinging workers' time-off balances in retaliation for them going on strike at a facility in Shakopee, Minnesota, the National Labor Relations Board's Minneapolis regional director alleged.

Expert Analysis

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 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.

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