Labor

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    Starbucks, Union Tout 'Significant Progress' In Contract Talks

    Starbucks and Workers United "made significant progress" in collective bargaining negotiations this past week, the parties announced Friday, with experts telling Law360 that the contract talks are a starting point, but the details of these negotiations remain to be seen.

  • April 26, 2024

    Struggling Amazon Union Hopes To Retool As Election Looms

    Two years after its surprise election win at a Staten Island warehouse, the Amazon Labor Union is broke, beset by infighting and ignored by management. Can new leadership at the onetime darling of the labor movement turn it around?

  • April 26, 2024

    NLRB Official Says Colorado HOA Workers Can Vote On Union

    A National Labor Relations Board official cleared three employees of a Colorado homeowners' association to vote on representation by an International Association of Machinists local lodge next month, rejecting the association's argument that it isn't subject to the board's jurisdiction.

  • April 26, 2024

    NLRB Official Clears Detroit Medical Residents For Union Vote

    A National Labor Relations Board official has greenlighted a union representation election at a Michigan nonprofit that places medical school graduates in residencies, internships and fellowships at a Detroit hospital consortium, rejecting the nonprofit's attempts to either prevent the election or narrow the voting pool.

  • April 26, 2024

    NLRB Won't Disturb Union Election At Wash. Newspaper

    A divided National Labor Relations Board panel backed a regional director's decision over a vote allowing advertising employees to decide whether to join an existing bargaining unit at a Washington state newspaper, with a dissenting board member finding the employees don't share enough in common.

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 25, 2024

    Ex-Philly Union Leader's 3rd Trial Ends In Deadlock

    A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.

  • April 25, 2024

    NLRB Backs Judge On Starbucks' Labor Violations In Mich.

    The National Labor Relations Board upheld on Thursday a judge's findings that Starbucks managers in Michigan illegally solicited worker complaints, threatened workers and removed pro-union notes from a community board, but declined prosecutors' push to use the case to revisit two precedents.

  • April 25, 2024

    ADT Must Undo Job Changes, Recognize Union, Judge Says

    A Kentucky federal judge ordered ADT on Thursday to resume recognizing an International Brotherhood of Electrical Workers local and let the union walk back certain changes to work conditions that the company implemented after withdrawing recognition.

  • April 25, 2024

    Starbucks Illegally Barred Recording, NLRB Judge Says

    Starbucks violated federal labor law by barring a worker from recording a disciplinary meeting and later terminating that pro-union employee from a store near St. Louis, a National Labor Relations Board judge ruled Thursday, calling for the coffee chain to reinstate the barista and make them whole.

  • April 25, 2024

    Paint Cos. Owe Fringe Benefits, Union Fund Trustees Say

    The trustees of an International Union of Painters and Allied Trades benefits fund accused a Michigan painting company of violating a collective bargaining agreement by not making contributions and subcontracting work to a related entity in an attempt to evade its obligations.

  • April 25, 2024

    Amazon Owes DOL Info On Anti-Union Expenses, Judge Says

    A Washington federal judge has ordered Amazon to comply with a U.S. Department of Labor subpoena seeking information about how much the company spent funding executives' travel to Staten Island, New York, to oppose a union organizing drive, saying the information is relevant to a DOL investigation.

  • April 25, 2024

    Rival Amazon Union Attys Get Warning From Federal Judge

    A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.

  • April 25, 2024

    Airplane Fuel Co. Seeks To Ax Union Healthcare Dispute

    A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.

  • April 25, 2024

    NLRB Official OKs Union Vote At Blood Collection Nonprofit

    A group of workers at some of a blood collection nonprofit's locations in the Seattle area can vote on whether to unionize with a Teamsters local, a National Labor Relations Board official determined, rejecting the employer's claim that three more facilities should be included in the election.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    SpaceX Stalling Case's Launch To Calif., NLRB Says

    The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.

  • April 24, 2024

    Cemex Effect On Election Petitions Could Be Source Of Delay

    The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.

  • April 24, 2024

    10th Circ. Nixes Worker's Grievance Claims Against Union

    The Tenth Circuit upheld on Wednesday the dismissal of a former U.S. Postal Service employee's duty of fair representation claims against a National Association of Letter Carriers affiliate in Colorado over the resolution of his termination grievance.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    Ivy League Says Unionization Could 'Threaten' College Sports

    Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.

  • April 24, 2024

    Airline Says Teamsters Lack Standing For Retaliation Claims

    Sun Country Airlines asked a Minnesota federal court to toss retaliation claims brought by the Teamsters on behalf of workers who were involved in an organizing drive, saying the union cannot bring allegations for employees who aren't named plaintiffs.

Expert Analysis

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

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