Labor

  • December 06, 2023

    NLRB Says Phillips 66's Use Of Camera Rules Was Illegal

    Phillips 66 illegally used rules about camera use to fire a worker and discipline another employee who took part in protected activities, the National Labor Relations Board said, severing a claim about the legality of the company's policies and sending it back to an agency judge for reconsideration.

  • December 06, 2023

    NLRB Judge Knocks Starbucks' Dress Code At NYC Roastery

    Starbucks violated federal labor law by barring workers at a New York City mega cafe from wearing pro-union T-shirts, a National Labor Relations Board judge said Wednesday, applying the board's revised test for vetting employers' dress codes.

  • December 06, 2023

    9th Circ. Judge 'Baffled' By Starbucks Union Vote Stance

    A Ninth Circuit judge on Wednesday questioned Starbucks' confidence that the National Labor Relations Board should not have held a union election via mail over pandemic health concerns, noting COVID-19 case numbers were "bouncing all over the place" at the time.

  • December 06, 2023

    8th Circ. Nixes NLRB Ruling On Air Force Contractor Firings

    The Eighth Circuit knocked the National Labor Relations Board's analysis of a U.S. Air Force contractor's termination of more than a dozen workers who discussed unionizing, saying in a decision Wednesday that evidence didn't support the board's findings of federal labor law violations.

  • December 06, 2023

    Wells Fargo Workers Seek Union Election At Fla. Branch

    A group of Wells Fargo retail banking employees in Florida filed a representation election petition Wednesday, a Communications Workers of America-backed advocacy group said, marking the third time frontline workers have done so at the banking giant.

  • December 06, 2023

    2nd Circ. Skeptical Of NLRB In Nurse Firing Case

    A Second Circuit panel appeared receptive Wednesday to a New York hospital's attempt to overturn a National Labor Relations Board decision that held it unlawfully fired a nurse who left an operating room to participate in a union action, with judges questioning whether anti-union sentiment motivated the hospital to fire her.

  • December 06, 2023

    SAG-AFTRA Members Ratify Strike-Ending Contract

    SAG-AFTRA members voted to ratify a three-year labor contract worth over $1 billion with the Alliance of Motion Picture and Television Producers that includes minimum compensation increases and protections related to the use of artificial intelligence, the union announced Tuesday.

  • December 05, 2023

    Health Co.'s Training Repayment Accord Is Illegal, Nurses Say

    A group of nurses accused a healthcare company of requiring them to sign illegal training repayment agreement provisions and suing them for breach of contract in Ohio state court, according to copies of the charges obtained by Law360 on Tuesday.

  • December 05, 2023

    Hilton Can't Get Quick Appeal In Tip Theft Suit

    A California federal judge will not allow Hilton Management LLC to immediately appeal his decision preserving claims that the hotel operator pocketed tips bound for banquet servers, ruling Tuesday that another court would not likely rule that service fees charged to customers weren't tips.

  • December 05, 2023

    Trader Joe's Won't Enforce Smiling Rule At 3 Union Stores

    Trader Joe's will stop grading employees on how much they smile on the job at its unionized locations in Minneapolis; Hadley, Massachusetts; and Oakland, California, pursuant to an agreement struck between the company and Trader Joe's United on Tuesday.

  • December 05, 2023

    6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit

    The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.

  • December 05, 2023

    Workers Seek Approval Of $2M Del Monte Wage Settlement

    A pair of Del Monte Foods Inc. employees have asked a California federal judge to approve a $2 million settlement to class action wage and hour claims that they often worked through lunch without pay and worked up to 120 days in a row during the peak summer season.

  • December 05, 2023

    Chamber Sees 'Red Flags' In Joint Employer Transfer Bid

    The NLRB's attempt to transfer a suit over its new joint employer rule to the D.C. Circuit is a departure from precedent, the U.S. Chamber of Commerce and other business groups argued to a Texas federal judge, saying "red flags abound" with the agency's arguments.

  • December 05, 2023

    Manager's Drunk Dial Was Illegal Threat, NLRB Judge Says

    A California beverage delivery company violated federal labor law when a manager drunkenly called a worker and asked for help ousting a newly certified union, offering to promote the worker if he helped but threatening dismissal if he continued supporting the union, an NLRB judge ruled.

  • December 05, 2023

    2nd Circ. Doubts Broadway Producer's Union Blacklist Suit

    A Second Circuit panel appeared unlikely on Tuesday to revive an embattled Broadway producer's antitrust lawsuit challenging his placement on the Actors' Equity Association's "do not work" list, saying it seems clear that the union acted appropriately after actors alleged wage violations and a toxic work environment.

  • December 04, 2023

    NY Hotel's Ex-Owner Can't Duck $6M Severance Arbitration

    A New York federal judge denied a bid by the former owner of a closed Manhattan hotel to block a labor arbitration hearing on whether it must make an extra $6 million severance payment, saying there's no imminent threat to its constitutional rights because the award is a ways off.

  • December 04, 2023

    Steel Co. President Faces Arrest For Contempt In ERISA Case

    The president of a steel reinforcing installation company is facing a civil arrest warrant after failing to produce financial records for a union's audit in an unpaid benefits contributions case, with an Oregon federal judge saying the move was necessary because the official still hasn't complied with monetary sanctions.

  • December 04, 2023

    Federal Jury To Decide Fate Of Ex-Philly Labor Leader

    The embezzlement trial of International Brotherhood of Electrical Workers Local 98 business manager John Dougherty wrapped up Monday with prosecutors restating their claims to a Philadelphia federal jury that Dougherty stole hundreds of thousands of dollars from the union he was duty-bound to protect to pay for home improvements, concert tickets, expensive suits, and other luxuries.

  • December 04, 2023

    LA Unions Fight Group's 1st Amendment Info Access Suit

    The unions representing Los Angeles public school employees asked a California federal court to toss a think tank's allegations that it was unlawfully denied access to information about when new employee orientations would take place, saying the group has no right to access that information.

  • December 04, 2023

    Firefighters Say Mass. Town Skimped On OT Since 2000

    A pair of Massachusetts firefighters filed a proposed class action in federal court on Friday alleging the town of Brookline and its fire department improperly calculated base pay and overtime rates as far back as 2000.

  • December 04, 2023

    Ohio Panel Says Transit Union Deserves Back Pay Hearing

    An Ohio state appeals court has ruled that the Greater Dayton Regional Transit Authority might not be done compensating three workers it fired and then reinstated following arbitration awards in the Amalgamated Transit Union's favor, reversing a lower court's refusal to consider the union's claim the workers are owed thousands more.

  • December 04, 2023

    Union Pension Fund Seeks Toss Of Mechanic's Benefits Claim

    A union pension fund asked an Illinois federal judge to toss a 67-year-old mechanic's allegations that he was wrongfully denied pension benefits, saying the fund's trustees were within their rights to deny his benefits when he took two multiyear breaks from accepting union-covered work.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Univar Fights Union Fund's Bid For Pretrial Pension Row Win

    Univar Solutions USA Inc. told an Illinois federal judge that the company isn't liable for thousands in allegedly unpaid pension contributions, claiming the fund accepted a labor contract between the chemical giant and a Teamsters local that ended the business's obligation to pay.

Expert Analysis

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    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?

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    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.

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    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.