Labor

  • March 22, 2024

    Md. Home Health Agency Must Rehire Raise-Seeking Worker

    A Maryland home healthcare agency violated federal labor law by discharging an employee who'd asked about raise eligibility and taken issue with a training repayment scheme, a National Labor Relations Board judge ruled.

  • March 22, 2024

    Calif. Forecast: HP's $18M Wage Deal Up For Final Sign-Off

    In the coming week, attorneys should keep an eye out for a California federal court's final approval of an $18 million settlement in an age discrimination class action against HP Inc. and Hewlett Packard Enterprise Co. Here's a look at that case and other labor and employment matters on deck in the state.

  • March 22, 2024

    Jewish MIT Grad Students Hit Union With EEOC Bias Charges

    Four Jewish graduate students at Massachusetts Institute of Technology filed religious discrimination charges with the U.S. Equal Employment Opportunity Commission alleging their union illegally refused to let them withdraw from the labor group after they raised concerns about what they called its antisemitic leanings.

  • March 22, 2024

    NY Forecast: Conn. Town Worker Sex Bias Case At 2nd Circ.

    In the coming week, the Second Circuit will consider a former Connecticut town employee's attempt to revive a lawsuit claiming she faced sexual harassment on the job without an adequate response from the town. Here, Law360 explores this and other cases on the docket in New York.

  • March 21, 2024

    SpaceX's Severance Agreement Is Illegal, NLRB Attys Say

    The National Labor Relations Board's Seattle office claimed SpaceX's severance agreement included confidentiality and non-disparagement clauses that violate federal labor law, according to a complaint copy obtained by Law360 on Thursday, with board prosecutors asking for a recorded notice reading scheduled for workers across the country to attend.

  • March 21, 2024

    DC Circ. Nixes Union's Bid To Send NLRB Appeal To 7th Circ.

    The D.C. Circuit denied Thursday a request from an International Union of Operating Engineers local to transfer an appeal over a National Labor Relations Board decision to the Seventh Circuit, saying the union didn't prove that the move was warranted.

  • March 21, 2024

    Kroger's Dues Cutoff Was Illegal, NLRB Judge Says

    Kroger violated federal labor law by ceasing to send workers' dues to their union amid negotiations for a new contract, a National Labor Relations Board judge said Thursday, rejecting the company's argument that prosecutors manipulated the case to take advantage of a change in the relevant precedent.

  • March 21, 2024

    Railroad Wants Arb. Order Nixed In Union Alcohol Test Dispute

    Union Pacific can't rehire a worker who failed a breathalyzer test without violating federal regulations banning alcohol use by railroad employees, the railroad argued in Nebraska federal court, urging the court to strike down an arbitration board's reinstatement order.

  • March 21, 2024

    6th Circ. Zeroes In On CBA In Vax Bias Preemption Battle

    A Sixth Circuit panel pressed on Thursday a cargo airline and pilots who say they were unlawfully fired for refusing COVID-19 vaccinations about the pilots' union contract, with one judge asking whether the open questions about their collective bargaining agreement meant the discrimination case was preempted.

  • March 21, 2024

    Mo. Hospital Stopped Recognizing SEIU Too Soon, NLRB Says

    A Missouri hospital violated federal labor law by withdrawing recognition from a Service Employees International Union affiliate after workers voted to oust it rather than waiting until the decertification election results were certified, the National Labor Relations Board has ruled, upholding a board judge's finding.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    Penn Grad Worker Unit Leaves Out Some Science Fellows

    A National Labor Relations Board official ordered a representation election among graduate student workers at the University of Pennsylvania, but left out of the bargaining unit some 300 student workers in biology and biomedical sciences programs, finding that the union previously said they shouldn't be included.

  • March 20, 2024

    Conn. Panel Says Carveout Allows Cop To Fight Firing

    A fired Connecticut police sergeant and his union can pursue a court appeal in an effort to reinstate his job because the decision at issue is a final, appealable judgment under a carveout in the applicable law, the state appeals court has ruled.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 19, 2024

    Feds, NY Residents Spar Over Congestion Pricing Battle

    Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 20, 2024

    Senate Confirms SEIU General Counsel As 4th Circ. Judge

    The Senate voted 50-47 on Tuesday evening to confirm Nicole Berner, general counsel of the Service Employees International Union, to a Fourth Circuit judgeship.

  • March 19, 2024

    State Court To Hear Seattle's Issue With Vax Firing Arb. Award

    A Washington state court will review an arbitrator's decision to fault the city of Seattle for firing a worker for not getting a COVID-19 vaccination, agreeing to hear the city's argument that the arbitrator improperly weighed in on an issue he wasn't supposed to consider.

  • March 19, 2024

    GC Urges NLRB To Grow Remedies For Work Rule Violations

    National Labor Relations Board general counsel Jennifer Abruzzo urged the board on Tuesday to expand the remedies it will order in cases involving overly broad work rules, saying employers should be required to walk back discipline and other actions against more employees who violated an unlawful rule.

  • March 19, 2024

    NLRB, Starbucks Jointly Drop Store Merger Injunction Case

    A Washington federal court approved a joint request from Starbucks and the National Labor Relations Board to dismiss an injunction case related to claims that the coffee chain tried to illegally quell organizing efforts with the consolidation of three Seattle stores.

  • March 19, 2024

    Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit

    Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.

  • March 18, 2024

    Dartmouth College Won't Bargain With Men's Basketball Team

    Dartmouth College is rejecting a bid by a Service Employees International Union local to bargain for a contract covering men's basketball players, a university spokesperson said Monday, signaling the school's plan to take to federal court its fight over whether collegiate athletes are statutory employees.

  • March 18, 2024

    9th Circ. Frees Kaiser, Union From Fired Calif. Nurse's Suit

    Kaiser Permanente and the California Nurses Association defeated a fired nurse's lawsuit Monday, with the Ninth Circuit affirming that the nonprofit health care giant had valid reasons for firing her and that the union adequately represented her in her challenge to the termination.

Expert Analysis

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • Conducting Employee Investigations That Hold Up In Court

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    A recent Maryland federal court decision, which held that Elite Protective Services failed to provide a worker under internal investigation with protections required by his collective bargaining agreement, highlights important steps employers should take to ensure the conclusions of internal reviews will withstand judicial scrutiny, say attorneys at Venable.

  • Memo Shows NLRB Intends To Protect Race Talk At Work

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    A newly released memo from the National Labor Relations Board advising that discussions of racism at work count as protected concerted activity should alert employers that worker retaliation claims may now face serious scrutiny not only from the U.S. Equal Employment Opportunity Commission, but also the NLRB, says Mark Fijman at Phelps Dunbar.

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

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