Labor

Expert Analysis

• Justices' Coming Fisheries Ruling May Foster NLRA Certainty

  

  If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

• Aviation Watch: When Are Pilots Too Old To Fly?

  

  A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

• 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

  

  The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

• NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

  

  In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

• What Employers Face As NLRB Protects More Solo Protests

  

  Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

• USW Ruling Highlights Successor Liability In Bankruptcy Sale

  

  A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.