A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.
A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.
SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.
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A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.
A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.
SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.
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May 03, 2024
Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.
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May 03, 2024
In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.
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May 03, 2024
A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.
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May 03, 2024
President Joe Biden on Friday vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers, following through on an earlier threat to shoot down the measure.
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May 03, 2024
A National Labor Relations Board judge said a home remodeler's social media policy violated federal labor law under the board's revised standards, but nonetheless tossed a worker's challenge to the policy because it's unfair to apply the new standard retroactively.
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May 03, 2024
A New York City waiter's participation in a staff walkout partially motivated his managers' decision to fire him about three months later, a National Labor Relations Board judge has ruled, deeming the firing illegal and ordering the restaurant to rehire him with back pay.
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May 03, 2024
In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.
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May 03, 2024
A split National Labor Relations Board has upheld an agency judge's decision to greenlight a redo of a union representation election at a New Jersey waste management company, finding the company tainted the first election by creating the impression that the union's presence was interfering with an upcoming raise.
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May 02, 2024
Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.
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May 02, 2024
Starbucks violated federal labor law by delaying its response to Workers United's request for information about temporary closures of a New Jersey store, the National Labor Relations Board ruled Thursday.
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May 02, 2024
The National Labor Relations Board backed dismissals of decertification petitions from Starbucks workers at two stores, with the board's lone Republican member noting the consideration of delays in processing unfair labor practice cases when weighing the toss of ouster bids.
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May 02, 2024
North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.
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May 02, 2024
Kaiser Permanente violated federal labor law by getting a restraining order against a longtime building engineer who helped lead a 2021 strike, calling the police when he showed back up to the picket line and ultimately firing him, a National Labor Relations Board judge ruled.
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May 01, 2024
Amazon CEO Andy Jassy violated federal labor law by making public predictions that workers looking to unionize would be "better off not doing so," a National Labor Relations Board judge ruled Wednesday, but determined Jassy's comments that unionization would change workers' relationship with the company were lawful.
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May 01, 2024
A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."
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May 01, 2024
The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.
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May 01, 2024
National Labor Relations Board attorneys requested a federal court injunction to make a Michigan hospital bargain with a Service Employees International Union affiliate, alleging the hospital aided decertification efforts and withdrew recognition from the union.
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May 01, 2024
An energy company that took over a Shell oil refinery isn't liable for back pay owed to a worker wrongly fired before the sale, the company told a Washington federal judge, saying it didn't absorb Shell's legal obligations.
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May 01, 2024
A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.
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May 01, 2024
The former operator of a shuttered Marriott hotel in Manhattan asked a New York federal judge to stop the city from using a now-ineffective severance law to force it to pay $6 million to a hotel workers union, saying it satisfied its closure-related obligations through a previous $12 million payment.
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May 01, 2024
A National Labor Relations Board judge asked agency prosecutors Wednesday to show cause related to a request from Starbucks and Workers United to postpone hearing dates this month over refusal to bargain claims, while the parties mention ongoing talks to settle board litigation.
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May 01, 2024
Amazon asked a New York federal judge to reject requests for information about its Staten Island facility workers in a dispute over leadership of the Amazon Labor Union, calling them "an improper collateral attack" on its ability to contest the results of the union's election win.
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May 01, 2024
The University of Southern California violated federal labor law by having union members who protested in support of a ceasefire in Gaza arrested, a United Auto Workers affiliate representing graduate student workers said.
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May 01, 2024
Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.
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May 01, 2024
A Puerto Rico beverage distributor violated federal labor law by placing an employee union leader on six months of unpaid leave and prematurely declaring an impasse in bargaining, the National Labor Relations Board ruled, upholding an August decision from an agency judge.