Labor

  • January 16, 2024

    Feds Say Ex-Union Leader's Jabs At Counsel Waive Privilege

    Prosecutors asked a Pennsylvania federal judge on Monday to declare that convicted embezzler and ex-Philadelphia union leader John Dougherty waived his attorney-client privilege by "attacking" his former Ballard Spahr LLP counsel's representation.

  • January 16, 2024

    Starbucks Retaliated Against Star Worker, NLRB Judge Finds

    A Washington state Starbucks went after a star employee after he pushed for better working conditions at his store and supported unionization, a National Labor Relations Board judge found, ruling the store unlawfully refused to promote him, threatened to discipline him and ultimately fired him.

  • January 16, 2024

    Trader Joe's Trademark Suit Against Union Tossed

    A California federal judge has thrown out Trader Joe's trademark infringement suit against a union of its employees after finding that the complaint was clearly related to an already existing labor dispute between the popular grocery chain and its unionizing workers.

  • January 16, 2024

    Justices Won't Hear Case Over Alaska Union Dues Form

    The U.S. Supreme Court said Tuesday that it would not consider Alaska's challenge to a state court ruling that blocked the state from changing its process for deducting union dues from public employees' paychecks.

  • January 12, 2024

    NLRB Office Beefs Up Nationwide Starbucks Bargaining Case

    The National Labor Relations Board's Tampa, Florida, office has updated a blockbuster nationwide failure-to-bargain complaint against Starbucks to include new stores, bringing the number of cafes accused of snubbing Workers United in one form or another in the case to 374, according to the agency.

  • January 12, 2024

    NLRB Wants Starbucks To Rehire Fired Union Supporters

    A regional director of the National Labor Relations Board called on a Michigan federal judge Friday to order the immediate rehiring of two fired Starbucks workers, arguing there was cause to believe that the firings were retaliatory and would chill workers' willingness to organize.

  • January 12, 2024

    SpaceX Suit Poses Murky But Serious Threat To NLRB

    A new suit by SpaceX challenging the National Labor Relations Board's constitutionality could crush the agency by supercharging its political swings or knocking down its foundations, depending on how the courts heed its novel — but no longer radical — legal theories.

  • January 12, 2024

    Nursing Home Restrictions, Firing Unlawful, NLRB Judge Says

    A New York nursing home violated federal labor law by unilaterally restricting union agents' access to its property and firing a worker three hours after he was elected a steward, a National Labor Relations Board judge found.

  • January 12, 2024

    House Pans NLRB Joint Employer Rule In Bipartisan Vote

    A bipartisan group of lawmakers in the U.S. House of Representatives on Friday voted in favor of striking down a National Labor Relations Board rule that would make it more difficult for linked companies to beat claims they jointly employ the same workers.

  • January 12, 2024

    4 Benefits Issues That May Trip Up Worker Reclassification

    The U.S. Department of Labor's recently finalized rule toughening the test for determining whether someone qualifies as an independent contractor or an employee under federal wage and hour law may make businesses rethink deeming workers contractors. Here are four benefits concerns that employers who opt for reclassification should be aware of.

  • January 12, 2024

    Calif. Forecast: DoorDash Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for potential settlement approval in two related proposed class actions against DoorDash alleging independent contractor misclassification. Here's a look at those cases and other labor and employment matters on deck in California.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    NLRB Judge Says Lender Must Retool Employment Agreement

    A Michigan mortgage lender's bans on workers publicly criticizing the company or responding to media inquiries about company affairs violates their right to speak out about working conditions, a National Labor Relations Board judge ruled, ordering the company to remove the bans from its employment agreement.

  • January 12, 2024

    3rd Circ. Won't Revive Dues Suit By Voluntary Union Members

    The Third Circuit on Friday refused to revive lawsuits by workers who sued American Federation of State, County, Municipal Employees and Service Employees International Union locals over union dues collected post-employment, saying the U.S. Supreme Court's Janus decision barring the practice didn't apply to employees who voluntarily joined unions.

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    NY Forecast: 2nd Circ. Hears Starbucks Discovery Dispute

    In the coming week, the Second Circuit will hear the National Labor Relations Board's argument for overturning a trial judge's decision denying its request for an injunction against Starbucks over its response to a nationwide union organizing campaign. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • January 12, 2024

    Justices Take Up Starbucks' NLRB Injunction Challenge

    The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.

  • January 12, 2024

    DC Circ. Affirms T-Mobile Illegally Established Company Union

    A divided D.C. Circuit panel on Friday supported the National Labor Relations Board's conclusion that T-Mobile illegally established a company union, with the majority finding the board properly clarified that workers are dealing with their employer when individual employees act in a "representative capacity" as they share ideas with management.

  • January 11, 2024

    Hotel Resists Rehire Order As It Seeks Supreme Court Review

    A Los Angeles hotel has asked the Ninth Circuit to pause its order enforcing a National Labor Relations Board decision forcing it to rehire union workers following a major renovation, saying the U.S. Supreme Court must first resolve a circuit split on the issue of "anti-union animus."

  • January 11, 2024

    NLRB Wants SpaceX's Constitutional Challenge Sent To Calif.

    The National Labor Relations Board sought Thursday to transfer SpaceX's bombshell suit challenging its constitutionality from Texas to California, saying the case has "virtually no nexus" to the court where it was filed and accusing the spacecraft maker of forum shopping.

  • January 11, 2024

    NLRB Won't Order Apology For Union Over Nixed Complaint

    The National Labor Relations Board on Thursday backed an agency judge's dismissal of a worker's claim that a Laborers' local had an unlawful arrangement with employers for a project at the Las Vegas Raiders stadium, denying the union's request that the regional office that filed the complaint issue an apology.

  • January 11, 2024

    Biden Taps Former Union Attorney For Vacant FLRA Seat

    President Joe Biden said Thursday he plans to nominate an attorney with decades of experience serving the federal government and a federal employees union to a seat on the Federal Labor Relations Authority, putting the agency on track to return to a full complement of members after a yearlong vacancy.

  • January 11, 2024

    Senators Question Amazon's Treatment Of Delivery Drivers

    A bipartisan group of senators is probing allegations that Amazon mistreats its delivery drivers, an endeavor the company blasted for being "misinformed and inaccurate."

  • January 11, 2024

    Judge Backs Union In Banquet Server's Representation Suit

    A New York federal judge has handed an early win to a labor union sued by a member, while also raising concerns that the member, a banquet server also pursuing Labor Management Relations Act claims against Marriott, is receiving legal help despite filing pro se following the death of his attorney.

  • January 11, 2024

    Fine Looms For Ohio Co. Rebuffing Union Fund Suit

    An Ohio federal magistrate judge has recommended that a Toledo demolition company incur a $100 fine for each day it continues ignoring discovery and deposition requests in a payment dispute with union benefit fund trustees, saying the company violated a court order compelling a response to those requests.

Expert Analysis

  • 4 Labor Relations Lessons From Soccer League CBA

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    As a resurgent labor movement prompts employers to consider how to respond to unionization efforts, the first collective bargaining agreement between the National Women's Soccer League and the union representing its players provides important insights, says Chris Deubert at Constangy Brooks.

  • 3rd Circ. Ruling Shows Limits Of Regulating Employer Speech

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    It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.

  • Memo Shows NLRB's Pro-Union Property Access Agenda

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    A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.

  • Combating Micro-Units In The Age Of A Pro-Union NLRB

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    As the increasingly activist, pro-union National Labor Relations Board is poised to revive an Obama-era standard allowing small groups of employees to form bargaining units, employers must adopt proactive strategies to avoid a workplace fractured by micro-units, says James Redeker at Duane Morris.

  • The Prospect Of NLRB Shift On Employers' Anti-Union Speech

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    National Labor Relations Board General Counsel Jennifer Abruzzo recently urged the board to restrict captive-audience meetings that allow employers to attempt to dissuade employees from unionizing, so employers may want to prepare for that potential enforcement shift and proactively revisit their meeting and communication practices and policies, say attorneys at Nixon Peabody.

  • Growth Of Cannabis Industry Raises Labor Law Questions

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    As more states legalize cannabis cultivation, manufacture and use — which remains illegal federally — there may be a wave of new workers in the industry, and businesses will need to consider what law will govern the employer-employee relationship and what role unions will play, say Gabriel Jiran and Sarah Westby at Shipman & Goodwin.

  • 5 Tips For Employers Regulating Employee Speech Online

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    A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.

  • Mitigating Labor Antitrust Risks As Enforcement Ramps Up

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    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission are prioritizing antitrust enforcement in the labor markets with a multipronged enforcement approach, so companies should take three steps to evaluate and mitigate risk from both government enforcement and private litigation, say attorneys at Paul Hastings.

  • Cos. Should Heed NLRB GC's Immigrant Protection Focus

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    With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.

  • NY Bill Would Alter Labor Relations In Fashion Industry

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    A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

  • How The NLRB Is Pushing For Expanded Remedies

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    The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employees' Input On ESG May Reduce Risks Of Unionization

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    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

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    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

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