Labor

  • July 18, 2024

    SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure

    The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.

  • July 18, 2024

    6th Circ. Is No Help To CSX Worker Fired For Train Death Post

    The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.  

  • July 18, 2024

    Barnes & Noble Settles Union's Labor Law Violation Claims

    Barnes & Noble College Booksellers LLC and the Retail, Wholesale and Department Store Union have resolved unfair labor practice claims at a New Jersey store, according to a copy of the settlement obtained by Law360, with the company agreeing to training for management on federal labor law.

  • July 18, 2024

    NLRB Judge Finds Union Threatened Workers Who File ULPs

    An International Longshoremen's Association local violated federal labor law by threatening workers who take part in National Labor Relations Board proceedings, an agency judge determined, saying the union's president unlawfully stated that people who file unfair labor practice claims "would be dealt with."

  • July 18, 2024

    Feds Say UAW Shouldn't Be Able To Keep Info From Monitor

    Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    MTA Sued For Bus Service Cuts After Congestion Plan Nixed

    New York City's Public Advocate hit the Metropolitan Transportation Authority with a proposed state court class action Wednesday aimed at reversing bus service cuts implemented after Gov. Kathy Hochul abruptly canceled plans for congestion pricing, slashing billions in anticipated revenue for the MTA.

  • July 17, 2024

    Producer Petitions 2nd Circ. To Revive Blacklisting Suit

    A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.

  • July 17, 2024

    NLRB Won't Revive Union Petition For MIT Graduate Fellows

    A National Labor Relations Board official properly tossed a union's petition to represent Massachusetts Institute of Technology's graduate fellows, correctly finding that the fellows can't unionize because they don't perform work for the university in exchange for compensation, the NLRB ruled Wednesday.

  • July 17, 2024

    9th Circ. Backs NLRB's Negotiator Pay Order Against Nexstar

    The Ninth Circuit affirmed a National Labor Relations Board decision Wednesday concluding that an Oregon television station owned by Nexstar violated federal labor law, with the appellate panel supporting make-whole relief for employee negotiators and an order to bargain.

  • July 17, 2024

    Railroad Can't Halt Damages Bid After Union Drive Firings

    Two workers who were fired after backing a union organizing effort can continue seeking punitive and compensatory damages against a railroad, a Colorado federal district court ruled, supporting a magistrate judge's conclusion that blocking the damages request would "eliminate a significant deterrent."

  • July 17, 2024

    Yellow Corp. Says It Has No Pension Withdrawal Liabilities

    Bankrupt trucking firm Yellow Corp. hit back at a motion for summary judgment sought by multiple pension funds including Central States Pension Fund, telling a Delaware bankruptcy court that it has no withdrawal liability for backing out of a multistate pension fund for truckers.

  • July 17, 2024

    'Memphis 7' Case Sent Back To Judge After High Court Ruling

    The National Labor Relations Board official who won reinstatement for the Memphis 7 — seven worker-organizers fired from a Tennessee Starbucks — must go back to the drawing board now that the U.S. Supreme Court used the case to change the standard for dispensing injunctions, the Sixth Circuit ruled Wednesday.

  • July 17, 2024

    Ogletree Deepens Miami Bench With Fox Rothschild Labor Pro

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC announced Wednesday that it has added a partner in Miami with decades of experience who joined from Fox Rothschild LLP.

  • July 17, 2024

    NLRB Should Get 'No Deference' At 7th Circ., Amazon Says

    The Seventh Circuit "owes no deference" to the National Labor Relations Board's determinations about violations of federal labor law, Amazon told the appeals court, fighting the board's conclusion that the company unlawfully maintained an off-duty access rule.

  • July 16, 2024

    Refugee Nonprofit, USW Notch $198K Deal To Resolve ULPs

    A refugee support nonprofit in Pittsburgh settled the United Steelworkers' unfair labor practice claims over terminations and the denial of wage hikes, according to a copy of the settlement obtained by Law360 on Tuesday, with the organization agreeing to shell out more than $198,000 as part of the deal.

  • July 16, 2024

    NLRB Prosecutors Won't Slow Injunction Pursuit, GC Says

    National Labor Relations Board prosecutors should continue seeking injunctions in federal court while pursuing unfair labor practice litigation in administrative court despite the U.S. Supreme Court making it harder to obtain those injunctions, the agency's general counsel said in a memo issued Tuesday.

  • July 16, 2024

    7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit

    The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.

  • July 16, 2024

    Union Fund Trustees Say Elevance Usurped Fiduciary Power

    The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.

  • July 16, 2024

    NLRB Joint Employer Order 'Riddled With Flaws', Google Says

    The National Labor Relations Board's finding that Google and its contractor Cognizant are joint employers is "riddled with … flaws," the two companies argued to the D.C. Circuit, challenging the board's application of its 2020 rule when reviewing control over supervision and benefits.

  • July 16, 2024

    NLRB Official Clears NJ Fast-Food Workers To Vote On Union

    Workers at a Jollibee fast-food restaurant in Jersey City, New Jersey, can vote on representation by an independent union, a National Labor Relations Board official found, saying Jollibee Workers United qualifies as a labor organization under federal labor law.

  • July 16, 2024

    NLRB Will Review Supervisor Union Vote At SoCal Co.

    The National Labor Relations Board will review an agency official's decision to let four supervisors at a Southern California company vote on unionizing, indicating Tuesday that it plans to take a closer look at whether the supervisors have the type of authority that would render them ineligible to unionize.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Teamsters Must Stay Out Of Cannabis Law Row, Co. Says

    The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.

Expert Analysis

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

    Author Photo

    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • Big Business May Come To Rue The Post-Administrative State

    Author Photo

    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

    Author Photo

    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

    Author Photo

    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

    Author Photo

    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Politics In The Workplace: What Employers Need To Know

    Author Photo

    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

    Author Photo

    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

    Author Photo

    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

    Author Photo

    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Time For Congress To Let Qualified Older Pilots Keep Flying

    Author Photo

    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Game-Changing Decisions Call For New Rules At The NCAA

    Author Photo

    From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.