Labor

  • February 26, 2021

    NLRB's 1st Black Chair Says Board Must Tackle Racial Equity

    The National Labor Relations Board has come a long way since its founding in 1935 as the legal body in the United States that confronts racism in workplace organizing. But it has a long way to go, said William B. Gould IV, the NLRB’s first Black chairman, who still holds out hope that the agency can chart a new path toward racial equity.

  • February 26, 2021

    Ill. Judge Tosses Teachers' Suit Over Union Dues

    An Illinois federal judge on Thursday threw out a lawsuit by Chicago teachers and school personnel who claimed their First Amendment rights were violated when they had to keep paying dues to the Chicago Teachers Union until an agreed-upon annual window for revoking their dues authorizations.

  • February 26, 2021

    Hospital Says Health Workers' Union Set Illegal Date For Strike

    St. Charles Health System Inc. has filed a suit to stop roughly 150 newly unionized technical caregivers from going on strike on March 4, arguing that the action is illegal and would harm the general public by potentially disrupting medical care and vaccine administration.

  • February 26, 2021

    NLRB Official Says Ore. Facility's Nurses Aren't Supervisors

    Nurses at an Oregon long-term care facility can vote on whether to be represented by a Teamsters local, a National Labor Relations Board official has ruled, saying their jobs do not involve the responsibilities or degree of judgment that would make them supervisors under federal labor law.

  • February 26, 2021

    NLRB Judge Faults NYC Hotel For Unilateral Pillow Upgrade

    A Manhattan hotel violated federal law by upgrading its pillows without negotiating over the ensuing increase in cleaning time with its housekeepers' union, a National Labor Relations Board judge said in a ruling on a particularly close test of the obligation to engage in so-called effects bargaining.

  • February 26, 2021

    AT&T Unit Illegally Made Tech Ditch Union Button, NLRB Says

    An Indiana AT&T subsidiary violated federal labor law by threatening to fire a worker it claimed breached its dress code by wearing a pro-union button on his uniform, the National Labor Relations Board ruled, though it declined to scrap the dress code entirely.

  • February 25, 2021

    Calif. Officials Push 9th Circ. To Revive Union Gag Challenge

    California public officials challenging a state law barring them from disparaging union membership have urged the Ninth Circuit to breathe new life into their First Amendment challenge, saying they have standing because the ordinance directly threatens their rights.

  • February 25, 2021

    NLRB Says Freight Co.'s Alleged Violations Not 'De Minimis'

    The National Labor Relations Board has declined to revitalize its so-called de minimis doctrine and grant a freight company a quick win on allegations it misclassified and retaliated against unionizing drivers, rejecting arguments that the claims were too insignificant to be worth the board's time.

  • February 25, 2021

    Judge Balks At Printer's Fee Bid After Labor Arbitration Win

    A Maryland federal judge rejected a printer's bid to make a Teamsters unit cough up attorney fees in an unfair firing arbitration the company won, saying the arbitrator did not botch the case by punting an argument that the union filed its grievance too late.

  • February 25, 2021

    Union Says NLRB Acting GC Has Right To Scrap Scabby Suit

    The National Labor Relations Board's acting general counsel has the authority to dismiss litigation over whether unions may deploy inflatable rats and large banners at certain protests, an electrical workers' union argued Thursday, disputing a Philadelphia hotel's claim that the prosecutor was unlawfully appointed.

  • February 25, 2021

    DC Circ. Mulls Scope Of Medical Clinic's Bargaining Unit

    A D.C. Circuit judge on Thursday appeared skeptical of arguments by Montana-based St. James Medical Group that the National Labor Relations Board wrongly excluded some of the clinic's employees when it authorized a collective bargaining unit consisting of only registered nurses.

  • February 25, 2021

    Sign Language Co.'s Penalties Stay Put, NLRB Says

    The National Labor Relations Board won't modify its order requiring a sign language interpreting service to bargain with a media workers' union and withdraw communications policies that violated federal labor law, saying the company made its arguments too late.

  • February 25, 2021

    Worker Mask Complaint Not Protected, NLRB Prosecutor Says

    A worker who raised concerns about a personal protective equipment shortage and a colleague's COVID-19 diagnosis was not protected by federal labor law, a National Labor Relations Board prosecutor said in a letter declining to press her retaliatory firing case.

  • February 25, 2021

    Kansas City Hospital Can't Slip Arbitration Of Union Dispute

    A Kansas City, Missouri, hospital cannot dodge a nurses' union's suit to force arbitration over claims the hospital assigned bargaining unit work to supervisors, a federal judge ruled, saying the union showed it's plausible the dispute belongs in arbitration under its labor contract. 

  • February 24, 2021

    NLRB Prosecutor Drops Trump-Era Suit Against Teamsters

    The head of the National Labor Relations Board's Seattle office dropped a Trump-era suit accusing two Teamsters units of labor violations Wednesday over objections from an involved food supplier, which is represented by a former NLRB chairman.

  • February 24, 2021

    Wash. Journalists Get Greenlight For Multi-Paper Union Vote

    A National Labor Relations Board official signed off Wednesday on a multi-facility bargaining unit for journalists at several Washington state newspapers operated by McClatchy, finding they have a community of interest despite the papers' focus on local news.

  • February 24, 2021

    Condo Co. Can't Beat Order To Rehire Mobile Gamer

    A New Jersey condominium cannot overturn an arbitrator's order that it rehire a concierge it fired for allegedly playing video games on the job and letting children help with his work, a federal judge has ruled, saying the condo didn't show the award violated a clear public policy.

  • February 24, 2021

    NLRB Says Calif. Property Manager Busted Union Activity

    The National Labor Relations Board has upheld a host of unfair labor practice findings against a California property manager over how it responded to its workers' union organizing drive, with the board members tussling about some of the reasoning underpinning the decision.

  • February 24, 2021

    'I Like Rulemaking,' NLRB's New Dem Chair Says At Panel

    New Chairman Lauren McFerran signaled Wednesday that the National Labor Relations Board's recent proclivity for setting labor policy through rules may not end with Republicans' hold on the board, but she suggested that its Trump-era regulations are not indelible. 

  • February 24, 2021

    UAW Unit Sues To Keep Okla. Aircraft Parts Plant Open

    A United Auto Workers unit is suing Spirit Aerosystems Holdings Inc. to keep an Oklahoma aircraft parts manufacturing plant open, saying the company hid its plans to close the plant and lay off more than 100 workers, violating the unit's contract.

  • February 24, 2021

    Worker's Atty Says CWA Fighting His Withdrawal Is 'Spiteful'

    An attorney has accused the Communications Workers of America in Virginia federal court of being "unnecessarily spiteful" and jeopardizing his chance at a job in the federal government by opposing his request to withdraw as counsel for a former American Airlines worker who sued the union.

  • February 24, 2021

    UAW Says Worker Didn't Show Union Failed To Represent Him

    The United Auto Workers urged the Sixth Circuit to keep in place a lower court order tossing out a former Fiat Chrysler worker's suit claiming it discriminated against and failed to represent him, saying the worker didn't show the union "engaged in wholly irrational conduct."

  • February 23, 2021

    NLRB Joint Employer Rule May Be On The Outs Under Biden

    The tenor of the National Labor Relations Board in the early weeks of the Biden administration suggests it may be only a matter of time before the new president's appointees take another look at one of the Trump-era board's signature policy initiatives: the joint employer rule.

  • February 23, 2021

    Nixing Grocer Pandemic Pay May Not Be On Calif. Judge's List

    A California federal judge appeared hesitant Tuesday to grant a preliminary injunction that would halt a Long Beach ordinance requiring grocery stores to pay workers a premium due to COVID-19, referencing during a video conference his own struggles to secure food and supplies during the early days of the pandemic.

  • February 23, 2021

    Denver Airport Security Guards Get Mail Vote In Union Push

    Security guards at the Denver airport will vote by mail on whether their workplace should be represented by a law enforcement workers' union, a National Labor Relations Board official has ruled, saying practical realities would make it difficult to hold an in-person vote safely.

Expert Analysis

  • Employee Speech Considerations In The Age Of Remote Work

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    With the pandemic requiring most workforces to operate remotely, employees are increasingly voicing their opinions on social media, which presents unique challenges for companies investigating worker complaints and navigating free speech protections, say Noa Baddish and Elise Bloom at Proskauer.

  • Grocery 'Hero Pay' Mandates Are Unfair And Likely Illegal

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    Though recently passed ordinances mandating "hero pay" for certain grocery store workers in California and Washington are well-intentioned, they do not protect essential workers equally and are likely illegal, says Anthony Caso at Chapman University's Fowler School of Law.

  • Rulemaking Isn't The Answer To NLRB Policy Oscillation

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    Recent activity at the National Labor Relations Board, such as the Trump administration's failed attempt to end Obama-era representation-case procedure, has not slowed the policy pendulum and shows that opting for rulemaking over adjudication poses the risk of judicial backlash, say former NLRB Chairman Mark Gaston Pearce, now at the Georgetown Law Center, and Amanda Jaret at the United Food and Commercial Workers.

  • What Employers Should Consider As Union Legislation Looms

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    A new Democratic majority in Washington means the U.S. may soon see legislation akin to the Obama-era Employee Free Choice Act that never passed into law, so employers would do well to take a lesson from Canada about collective bargaining and highlight for policymakers how inconsistencies in the EFCA run contrary to trade union principles, say attorneys at Borden Ladner.

  • 6 Key Areas Of Compliance Change For NY Employers In 2021

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    New York's employers have begun the new year facing a spate of new compliance issues that can vary from region to region and cover time off, sick leave, the minimum wage, the fast-food industry and employability, as the state's employment laws become ever more employee-friendly, say attorneys at Morgan Lewis.

  • A Busy Year In Workplace Class Action Litigation Is Expected

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    2020 presented new challenges and revealed new trends in employment class action filings, settlements and certification, which are likely to impact corporate America this year as employers navigate the pandemic, filings work their way through the court system and the regulatory landscape shifts, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Right-Of-Recall Compliance Issues For Employers To Study

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    With many jurisdictions passing or considering laws that give employees the right to be recalled to jobs they lost during COVID-19, employers should focus on five compliance issues in dealing with right-of-recall statutes, as well as on five challenges going forward, say Adam Karr and Kelly Wood at O'Melveny.

  • Obama 2.0: What Employers Can Expect From Biden On Labor

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    Employers must begin to prepare for an atmosphere on labor issues that is vastly different from the past four years when the Biden administration begins its planned return to — and possible amplification of — the Obama-era promotion of unionization, strict enforcement of labor laws against employers and pro-union labor initiatives, says Daniel Johns at Cozen O'Connor.

  • Top 10 Employer Resolutions For 2021

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    As the new year begins, employers will need to plan for several paradigm shifts, including the potential for tougher independent contractor classification standards, state-level medical and recreational marijuana legalization, and federal and state changes to paid and unpaid leave, say Allegra Lawrence-Hardy and Linda Spencer at Lawrence & Bundy.

  • The Most-Read Employment Law360 Guests Of 2020

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    Issues related to the pandemic, including furloughs, worker face covering requirements, workplace temperature taking and whistleblower claims, were among the most-popular employment topics in articles written by Law360 guest experts this year.

  • How Biden May Save Gig Workers From California's Prop 22

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    While it appears California's Proposition 22 could hinder President-elect Joe Biden’s plans to extend employment status to gig workers across the country, he still has several options for doing so, starting with moves toward defining interstate commerce in a way that results in preemption of state laws, says Ronald Zambrano at West Coast Employment Lawyers.

  • DOJ's 1st Wage-Fixing Indictment Is A Warning To Cos.

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    The U.S. Department of Justice's first-ever criminal indictment for a wage-fixing conspiracy is a reminder that companies should monitor for potential signs of anti-competitive agreements even during routine civil investigations, and that more enforcement actions could come, say attorneys at Axinn.

  • Getting Your Workforce Vaccinated Without Getting Sued

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    In hopes of avoiding litigation arising out of voluntary workplace vaccination programs, employers preparing for the COVID-19 vaccine might consider strategies including employee incentives, union contracts and special staff to oversee immunizations, says John Carrigan at Cozen O'Connor.