Labor

  • February 26, 2024

    Teamsters Tells 7th Circ. Sysco Must Arbitrate Benefits Spat

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 23, 2024

    Cal State Student Assistants Vote To Unionize

    Student workers at California State University voted to unionize with a Service Employees International Union affiliate, a vote that the union said creates the largest bargaining unit for such workers in the United States.

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

  • February 23, 2024

    NLRB Official OKs Teamsters Vote At Calif. Cannabis Facility

    About 54 employees of a Sacramento, California, facility that stores and delivers cannabis can vote on representation by a Teamsters local, a National Labor Relations Board official ruled, saying the United Food and Commercial Workers' pursuit of representing all the company's California employees doesn't bar the election petition.

  • February 23, 2024

    NLRB Says Meat Co. Dodged Union On Layoffs, Info Request

    A New York meat distributor violated federal labor law by laying off six employees without consulting its workers' union and by withholding information about forthcoming changes to its production process, a National Labor Relations Board majority ruled.

  • February 23, 2024

    Calif. Forecast: Court Weighs Bay Area Transit Vax Mandate

    In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • February 23, 2024

    Starbucks' Store Closure Threat Is Illegal, NLRB Judge Says

    Starbucks legally reduced a pro-union employee's hours, a National Labor Relations Board judge ruled, dismissing other unfair labor practice claims but holding that the coffee giant did unlawfully threaten possible closure of stores if workers unionized.

  • February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 22, 2024

    Ex-Philly Union Manager's Allies Get Embezzlement Sentences

    Three co-defendants of former Philadelphia union leader John "Johnny Doc" Dougherty have been sentenced for their participation in an embezzlement scheme spearheaded by the former International Brotherhood of Electrical Workers Local 98 business manager.

  • February 22, 2024

    9th Circ. OKs NLRB's Dues Stance, But Judge Decries Shifts

    A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.

  • February 22, 2024

    UAW Tells Mich. Judge To Toss Fiduciary Duty Suit

    The United Auto Workers and one of its affiliates urged a Michigan federal judge to dismiss accusations that the union violated its fiduciary duty in connection with an individual's claim for benefits, saying federal retirement and labor laws preempt the plaintiff's allegations.

  • February 22, 2024

    Longshore Union To Exit Bankruptcy With $20M Settlement

    A California bankruptcy judge Thursday approved the International Longshore and Warehouse Union's request to dismiss its own bankruptcy after okaying the union's settlement of a long-running legal dispute with a shipping company that had driven it into insolvency

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    The Hollywood Writers' Strike Meant Long Hours For This GC

    When the Hollywood writers' strike ended in September, there was a 24-hour period of euphoria before Writers Guild staff and members turned their attention elsewhere. Ann Burdick, general counsel of the Writers Guild of America East, recently spoke with Law360 Pulse about her roles and responsibilities during and after the monthslong strike that halted production last year.

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    NY Judge Halts State Ag Law's Anti-Union Speech Restriction

    A New York federal judge paused enforcement of a section of a state agricultural labor law that would make it an unfair labor practice to discourage unionization, saying claims from a farming group that the provision violates the First Amendment have a chance of success.

  • February 22, 2024

    Apartment Management Co. Illegally Fired Worker, NLRB Finds

    The company that manages a Phoenix apartment complex violated federal labor law when it ordered a new employee to stop telling his co-workers about his wages and then fired him after three days on the job, the National Labor Relations Board ruled, upholding an agency judge's decision.

  • February 21, 2024

    NLRB Says Home Depot Unlawfully Restricted BLM Protest

    Home Depot violated federal law by telling a worker they could not wear a Black Lives Matter slogan on their apron and directing them to remove it, the National Labor Relations Board ruled Wednesday, saying the message was connected to earlier group complaints about racism in the workplace.

  • February 21, 2024

    3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker

    The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.

  • February 21, 2024

    Starbucks Pushes 4-Part NLRB Injunction Test At High Court

    Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.

  • February 21, 2024

    Judge Floats Sanctions For Union's 'Bad Faith' Recusal Bid

    A Michigan federal judge won't recuse himself from a defamation case involving two unions after a claim was raised that he expressed bias against the East Coast, instead asking the defendants why sanctions shouldn't be imposed for "bad faith" litigating.

  • February 21, 2024

    Tenn. Sysco Drivers To Vote On Teamsters Representation

    A National Labor Relations Board official greenlit a union representation election at a Sysco food distribution facility in Tennessee, clearing about 84 employees to vote on Teamsters affiliation after rejecting the employer's argument that the proposed bargaining unit should be broader.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

Expert Analysis

  • 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.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.