Labor

  • June 30, 2022

    NJ Casino Workers Ready To Strike Over Wage Impasse

    New Jersey casinos owned by Caesars Entertainment, MGM Resorts and Hard Rock International are in danger of losing millions of dollars and a workforce just ahead of the July Fourth holiday weekend, an Atlantic City-based labor union said Thursday, as 6,000 employees prepare to strike for better wages by a Friday deadline if a deal isn't reached.

  • June 30, 2022

    Ex-Employees Of DirecTV Contractor Net $3M In NLRB Case

    Twenty-six former employees of the DirecTV contractor MasTec Advanced Technologies have resolved a long-running case challenging their firings through a settlement awarding them $3.12 million in back pay, interest and expenses, the National Labor Relations Board announced Thursday.

  • June 30, 2022

    Trade Court Backs Denial Of Benefits To Ex-AT&T Workers

    The U.S. Court of International Trade upheld the U.S. Department of Labor's denial of benefits to former AT&T workers Thursday, ruling that the agency made clear that its decision was driven by verified statements from the company.

  • June 30, 2022

    Teamsters, Food Co. To Settle Arbitration Suit At Minn. Site

    A food distributor and a Minnesota-based Teamsters local agreed to settle the company's suit accusing the union of violating the parties' collective bargaining agreement by refusing to arbitrate six grievances about the use of temporary workers, dismissing all claims against the union.

  • June 30, 2022

    Business Groups Urge 2nd Circ. To Ax NYC Just Cause Laws

    The U.S. Chamber of Commerce and a group of business advocacy organizations urged a Second Circuit panel to dismantle New York City laws instituting just cause firing protections for fast food workers, arguing the laws are preempted by the National Labor Relations Act.

  • June 29, 2022

    3 Takeaways From Whole Foods' Win In BLM Mask Case

    The First Circuit shut down a race discrimination lawsuit Tuesday challenging Whole Foods' workplace ban on Black Lives Matter masks, a ruling experts say sheds much-needed light on the circuit's stance on several emerging legal arenas.

  • June 29, 2022

    NLRB Official Trims Faculty Bargaining Unit At Md. Art College

    A National Labor Relations Board official ordered an election for faculty Wednesday at a Baltimore arts college with a Service Employees International Union local, but said department chairs and graduate directors must be excluded from the bargaining unit because they are considered supervisors.

  • June 29, 2022

    Trump-Era NLRB's Haste Led To Cut Corners, Watchdog Says

    An initiative by the National Labor Relations Board's former top prosecutor to expedite case handling led the field agents who investigate unfair labor practices to cut corners in pursuit of an arbitrary time target, the agency's internal watchdog said.

  • June 29, 2022

    AFGE Asks Judge To Toss Ex-Officer's Reinstatement Bid

    The American Federation of Government Employees encouraged a Washington, D.C., federal judge to toss the latest version of litigation filed by a former union member seeking reinstatement, saying the ex-member's claims have already been deemed unviable.

  • June 29, 2022

    Amazon Fired Md. Workers For Organizing, Union Says

    An independent union seeking to organize Amazon employees has filed an unfair labor practice charge with the National Labor Relations Board, alleging that the company fired workers for organizing at a Maryland facility.

  • June 29, 2022

    Union Attorney's 'Dungeon' Comment Nets NLRB Probe

    The National Labor Relations Board directed its investigators Wednesday to look into whether a union-side attorney violated the board's code of conduct by saying Red Rock Casinos' owners deserve to be thrown in a dungeon as a consequence for anti-union activity.

  • June 29, 2022

    Cafe Illegally Fired Worker For Complaints, NLRB Judge Says

    A National Labor Relations Board judge ordered a Texas cafe to rehire a worker who was demoted and then fired, supporting the NLRB general counsel's arguments that the employee was unlawfully terminated for speaking up during a meeting and not for performance issues.

  • June 29, 2022

    Split NLRB Again Backs Successor Doctrine In Hospital Case

    A split NLRB panel ruled that a Puerto Rico hospital unlawfully withdrew recognition from a health care workers union after the employer inherited five bargaining units, with board members sparring over precedent that a union is deemed to have undisputed majority support for six months after one business entity takes the place of another.

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 29, 2022

    Baker Donelson Adds Atty To Labor And Employment Group

    Baker Donelson Bearman Caldwell & Berkowitz PC added a new counsel to its labor and employment practice group who said the firm's work-life balance approach helped her make the move.

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    Ogletree Recruits 3 Employment Attys From Fisher Phillips

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC selected three attorneys from Fisher Phillips for its Cleveland office, Ogletree said in a press release.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    1st Circ. Sends Union's Pension Dispute To Arbitration

    The First Circuit granted on Tuesday a United Steelworkers local's bid to make National Grid and its benefits committee arbitrate a pension dispute, saying the pension plan's governing documents direct cases like this one to arbitration. 

  • June 28, 2022

    Funds Say Trucking Co. Dodged Contributions Via Alter Egos

    A Teamsters local's benefits funds accused a trucking company Tuesday of using alter egos to evade its obligation to provide contributions for pension, welfare and vacation under the parties' collective bargaining agreement, saying the businesses have the same shareholders, location and bookkeeper.

  • June 28, 2022

    Ex-Liquor Seller Fights To Keep Layoff Suit Against Co., Union

    A former employee of a North American beverage distributor urged a California federal judge to preserve a lawsuit claiming she was improperly laid off due to an error in calculating her seniority, saying she can show that the company messed up and that her Teamsters local didn't defend her.

  • June 28, 2022

    Abortion Access Emerging As Union Issue Post-Roe

    The ability to access abortions following the U.S. Supreme Court's Dobbs ruling is poised to emerge as a subject of bargaining as unions and employers mull travel assistance, coverage guarantees and other benefits, experts say.

  • June 28, 2022

    Employers Who Delay Talks Should Pay Up, NLRB GC Says

    The National Labor Relations Board's general counsel urged the board to make employers who unlawfully refuse to negotiate with a union pay workers for wages and benefits they could have earned at the table, arguing in a brief announced Tuesday that the tactic would discourage employers from stalling.

  • June 28, 2022

    Union, Co. Tell 9th Circ. Skycaps' Age Bias Suit Is Preempted

    The Ninth Circuit should back a lower court's ruling that an age discrimination suit from a group of skycaps at Los Angeles International Airport is preempted by federal labor law, a union and employer told the appellate court.

  • June 28, 2022

    Puerto Rico Machinists Local Drops Audit Fight

    The International Association of Machinists has settled its lawsuit against a Puerto Rico local, with the local agreeing to submit to an audit and trusteeship after dropping its argument that it never officially became affiliated with IAM.

Expert Analysis

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

  • BIPA Ruling May Limit Employer Liability Under Labor Law

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    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

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    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

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    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

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    In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

  • How Health Care Employers Can Minimize Threat Of Strikes

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    The COVID-19 pandemic, safety and staffing issues, and the ongoing battle for health care talent mean that worker strikes may become a substantial threat to business operations, but industry employers can reduce the risk of job actions by building employee trust and fostering a culture of respect, say attorneys at Husch Blackwell.

  • Employer's Agenda: IHG Counsel Talks Remote Investigations

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    The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

  • Employer's Agenda: Allied Universal Counsel Talks Synergy

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    Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

  • Judge Jackson's Employment Rulings Embody Pragmatism

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    U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

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