Labor

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 25, 2024

    Ex-Philly Union Leader's 3rd Trial Ends In Deadlock

    A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.

  • April 25, 2024

    NLRB Backs Judge On Starbucks' Labor Violations In Mich.

    The National Labor Relations Board upheld on Thursday a judge's findings that Starbucks managers in Michigan illegally solicited worker complaints, threatened workers and removed pro-union notes from a community board, but declined prosecutors' push to use the case to revisit two precedents.

  • April 25, 2024

    ADT Must Undo Job Changes, Recognize Union, Judge Says

    A Kentucky federal judge ordered ADT on Thursday to resume recognizing an International Brotherhood of Electrical Workers local and let the union walk back certain changes to work conditions that the company implemented after withdrawing recognition.

  • April 25, 2024

    Starbucks Illegally Barred Recording, NLRB Judge Says

    Starbucks violated federal labor law by barring a worker from recording a disciplinary meeting and later terminating that pro-union employee from a store near St. Louis, a National Labor Relations Board judge ruled Thursday, calling for the coffee chain to reinstate the barista and make them whole.

  • April 25, 2024

    Paint Cos. Owe Fringe Benefits, Union Fund Trustees Say

    The trustees of an International Union of Painters and Allied Trades benefits fund accused a Michigan painting company of violating a collective bargaining agreement by not making contributions and subcontracting work to a related entity in an attempt to evade its obligations.

  • April 25, 2024

    Amazon Owes DOL Info On Anti-Union Expenses, Judge Says

    A Washington federal judge has ordered Amazon to comply with a U.S. Department of Labor subpoena seeking information about how much the company spent funding executives' travel to Staten Island, New York, to oppose a union organizing drive, saying the information is relevant to a DOL investigation.

  • April 25, 2024

    Rival Amazon Union Attys Get Warning From Federal Judge

    A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.

  • April 25, 2024

    Airplane Fuel Co. Seeks To Ax Union Healthcare Dispute

    A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.

  • April 25, 2024

    NLRB Official OKs Union Vote At Blood Collection Nonprofit

    A group of workers at some of a blood collection nonprofit's locations in the Seattle area can vote on whether to unionize with a Teamsters local, a National Labor Relations Board official determined, rejecting the employer's claim that three more facilities should be included in the election.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    SpaceX Stalling Case's Launch To Calif., NLRB Says

    The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.

  • April 24, 2024

    Cemex Effect On Election Petitions Could Be Source Of Delay

    The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.

  • April 24, 2024

    10th Circ. Nixes Worker's Grievance Claims Against Union

    The Tenth Circuit upheld on Wednesday the dismissal of a former U.S. Postal Service employee's duty of fair representation claims against a National Association of Letter Carriers affiliate in Colorado over the resolution of his termination grievance.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    Ivy League Says Unionization Could 'Threaten' College Sports

    Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.

  • April 24, 2024

    Airline Says Teamsters Lack Standing For Retaliation Claims

    Sun Country Airlines asked a Minnesota federal court to toss retaliation claims brought by the Teamsters on behalf of workers who were involved in an organizing drive, saying the union cannot bring allegations for employees who aren't named plaintiffs.

  • April 23, 2024

    Justices Probe NLRB's Burden In Starbucks' Injunction Appeal

    The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.

  • April 23, 2024

    Divisive Cost Cap Deadline Looms For Calif. Healthcare Cos.

    California healthcare attorneys are preparing for the state's first cap on healthcare spending proposed by a new state office tasked with making care affordable. Industry leaders are sharply split on the viability of a proposed 3% target, which some say may ultimately do more harm than good for a state suffering from skyrocketing healthcare costs.

  • April 23, 2024

    NLRB Defends Bargaining Order Shift At 9th Circ.

    The National Labor Relations Board urged the Ninth Circuit to uphold a decision in which it lessened the standard for issuing bargaining orders against employers who commit labor law violations in response to organizing, saying the revised approach will better deter unfair labor practices.

  • April 23, 2024

    Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store

    An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.

  • April 23, 2024

    Shell Liable For Meme Poster's Back Pay, Energy Co. Says

    The successor owner of Washington state refinery argued the company isn't responsible for a back pay award to a worker fired after posting a meme, saying the previous owner, Shell, is liable for the payments in a United Steelworkers grievance and arbitration dispute.

  • April 23, 2024

    Seattle-Area Ski Instructors Greenlit For Union Vote

    A National Labor Relations Board official has cleared instructors at a ski resort in the Seattle area to vote on union representation during the next ski season.

Expert Analysis

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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

    Excerpt from Practical Guidance
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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.

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