Labor

  • January 26, 2023

    NLRB Judge Orders Pa. Newspaper To Bargain With Union

    The Pittsburgh Post-Gazette violated federal labor law by not bargaining in good faith with a union, a National Labor Relations Board judge ruled Thursday, saying the newspaper must come back to the negotiating table after it presented unreasonable proposals and prematurely declared an impasse in contract talks.

  • January 26, 2023

    UAW Local, HarperCollins Head To Mediation Amid Strike

    HarperCollins Publishers and a United Auto Workers affiliate said Thursday that the parties are taking their successive contract talks to federal mediation, following over a year of negotiations and the launch of the union's monthslong, ongoing strike.

  • January 26, 2023

    Minn. Hospital Network Fights Medevac Pilots' New Union

    A Minnesota hospital network with a medevac service has asked a federal judge to disband its helicopter pilots' new union, saying the federal agency that authorized the representation election wrongly considers the network an air carrier governed by the Railway Labor Act.

  • January 26, 2023

    Chicago Teacher Can Continue Race Bias Litigation

    A Chicago teacher can continue litigating her discrimination claims against her former union, the city's Board of Education and a school administrator, an Illinois federal judge ruled, dismissing the union's bid to toss her amended suit. 

  • January 26, 2023

    Hawkins Parnell Appoints New Labor & Employment Chair

    Hawkins Parnell & Young LLP announced Thursday that it has chosen one of its longtime partners to become chair of its labor and employment practice group.

  • January 26, 2023

    4th Circ. Seems Poised To Back UPS In ADA Suit

    A Fourth Circuit panel Thursday appeared inclined to uphold a win for UPS in a disability discrimination lawsuit filed by a driver, indicating that it bought the delivery giant's arguments that the driver's request for a smaller truck wasn't a reasonable accommodation.

  • January 25, 2023

    NLRB Finds Roofing Co. Illegally Withheld Info From Union

    The National Labor Relations Board mostly upheld an agency judge's conclusions Wednesday that a roofing company illegally refused to provide subsidiary contract documents to a Teamsters local, with one board member signaling an interest in reviewing the board's analysis for information requested related to nonbargaining unit workers. 

  • January 25, 2023

    Rail Union Seeks End To Status Quo In Canadian Pacific Talks

    A rail workers union asked a Minnesota federal court Wednesday to declare that it doesn't have to maintain the status quo of its labor relationship with two Canadian Pacific Railway U.S. subsidiaries, claiming the carriers didn't confirm scheduled bargaining dates or request mediation.

  • January 25, 2023

    YouTube Music Workers Protest Return To Office Policy

    The union seeking to represent workers at YouTube Music has filed an unfair labor practice charge against Google parent company Alphabet, accusing it of disrupting union organizing with its new return to office policy.

  • January 25, 2023

    22 Republicans Appointed To House Employment Committee

    U.S. House Committee on Education and Workforce Chair Rep. Virginia Foxx, R-North Carolina, on Wednesday appointed 22 Republicans to the committee.

  • January 25, 2023

    Laborers Back NLRB Attys' Bid For Eased Bargaining Orders

    A Laborers' International Union of North America affiliate supported NLRB prosecutors' attempt to restore a more than 70-year-old doctrine that made it easier for unions to organize, arguing in a brief accepted by the board Wednesday that agency data shows unfair labor practices "exploded" after the standard was abandoned.

  • January 25, 2023

    NLRB Says Threat Of Fines Needed In Nursing Home Case

    A New York nursing home operator should be fined $10,000 if it interferes with employees' right to collectively address workplace issues again, the National Labor Relations Board has told a New York federal judge.

  • January 25, 2023

    Constangy Brooks Taps Longtime Atty To Lead Macon Post

    Employment and labor law firm Constangy Brooks Smith & Prophete LLP has named a longtime equity partner to lead its Macon, Georgia, office as managing partner.

  • January 25, 2023

    Miller & Martin Names New Litigation And Labor Members

    Miller & Martin PLLC promoted a corporate litigation attorney and a labor and employment attorney to the membership, the Tennessee-based firm announced.

  • January 25, 2023

    Polsinelli's New Labor Head Shares Vision For Global Practice

    Harry D. Jones is preparing to lead Polsinelli PC's international labor and employment group with a philosophy that helping companies navigate work-related issues around the globe means connecting them to specialist attorneys with a nuanced understanding of how the law, business and culture intersect in different nations.

  • January 24, 2023

    Union Campaign Fizzles At Activision Blizzard Unit

    The Communications Workers of America said Tuesday that it has withdrawn a petition for a representation election among 57 workers at a Boston unit of video game publisher Activision Blizzard due to an anti-union campaign.

  • January 24, 2023

    NLRB, Union Urge 3rd Circ. To Back Hospital Disclosure Order

    A health care workers union and National Labor Relations Board attorneys told the Third Circuit to uphold a board decision from last year requiring two hospitals to hand over certain documents about a sale, arguing the hospitals ignored the appeals court's prior ruling about the relevancy of the information.

  • January 24, 2023

    Save Mart Seeks Checkout From Retirees' Benefits Suit

    California-based Save Mart Supermarkets is seeking an end to claims that it unlawfully terminated benefits early for a proposed class of retirees and their spouses, saying it had always reserved the right to change or stop the $500 monthly contributions "at any time."

  • January 24, 2023

    Fired Worker Tells Judge To Nix Southwest's New Trial Bid

    A former Southwest Airlines flight attendant who claims she was fired for her anti-abortion views is fighting to preserve her win in court against the company, saying a Texas federal judge's decision to withhold certain information from the jury doesn't necessitate a new trial.

  • January 24, 2023

    Teamsters Local Wants UPS Worker's Sex Bias Suit Axed

    A Teamsters local urged a Colorado federal judge to toss a sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission and a female UPS employee, saying the suit doesn't hold up since the worker has no employment relationship with the union.

  • January 24, 2023

    Teacher Wants Full 7th Circ. To Rehear Union Dues Dispute

    An Illinois teacher asked the Seventh Circuit to reconsider a panel decision rejecting her bid to recover paid union dues after she decided to opt out of the union, saying the appeals court's decision incorrectly applied the U.S. Supreme Court's Janus decision.

  • January 24, 2023

    NLRB Official Nixes Ex-Twitter Worker's Retaliation Charge

    A former Twitter worker lacked evidence to back his claim that the social media giant terminated him for engaging in protected activity, a National Labor Relations Board official concluded, saying federal labor law didn't protect his actions because he could have exposed the company to security breaches.

  • January 24, 2023

    Employment Group Of The Year: DeRubertis Law Firm

    The deRubertis Law Firm APC secured a $460 million jury verdict in June, representing the largest award in an employment case in the country, earning the firm a spot among Law360's 2022 Employment Groups of the Year.

  • January 23, 2023

    UPS Drivers' OT Suit Isn't Barred By Arb. Award, 4th Circ. Told

    Two ex-UPS drivers urged the Fourth Circuit to revive their Fair Labor Standards Act overtime pay claims, arguing that a lower court erred in finding that a labor arbitrator's award precluded separate litigation.

  • January 23, 2023

    Union Official Urges 2nd Circ. To Revive $10M Benefits Fight

    The president of a Building & Construction Trades Council local on Long Island urged the Second Circuit on Monday to reverse the dismissal of his $10 million lawsuit alleging a union's benefit funds illegally denied him retiree benefits, saying he should be allowed to engage in discovery.

Expert Analysis

  • Examining Employer Best Practices For Reserved Gates

    Excerpt from Practical Guidance
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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.