Labor

  • September 14, 2023

    UAW Local Fights Breach-Of-Duty Claim In Jeep Firing Case

    A United Auto Workers local told a Michigan federal judge that it does not belong as a defendant in a fired Jeep manufacturing plant employee's suit against the company, saying it can easily disprove the sole remaining claim against it.

  • September 14, 2023

    NJ Campus Cop Fired After Union Advocacy, Suit Says

    The former president of a New Jersey college's public safety officer union says he tried to get the school to stop retaliating against officers for using medical leave, then got pushed out of his job for using medical leave himself after a foot surgery, according to a new lawsuit.

  • September 14, 2023

    Dartmouth Men's Basketball Players Seek Unionization

    Men's basketball players at Dartmouth College have filed a representation election petition with the National Labor Relations Board, asking to form a union as the board's general counsel argues that college athletes are employees under federal labor law.

  • September 14, 2023

    Boutique East Coast Employment Firm Acquires Calif. Group

    Katz Banks Kumin LLP, a boutique firm known for high-profile representation of workers including Twitter whistleblowers and a staffer who brought sexual harassment claims against former New York Gov. Andrew Cuomo, has acquired the small San Francisco employment law firm Liu Peterson-Fisher LLP.

  • September 13, 2023

    Salon Owners Taken Into Custody For NLRB Noncompliance

    U.S. marshals took the owners of a Wisconsin salon into custody for failing to comply with the Seventh Circuit's enforcement of a National Labor Relations Board order, the NLRB announced Wednesday.

  • September 13, 2023

    Starbucks Gets Election Redo Over NLRB Agents' Miscues

    A National Labor Relations Board official on Wednesday set aside Workers United's election win at a Starbucks in Kansas and called for another vote, saying local officials gave the appearance of favoritism by huddling with the union to resolve a ballot distribution mistake.

  • September 13, 2023

    Marvel Visual Effects Workers Vote To Unionize With IATSE

    Visual effects workers at Marvel Studios voted 32-0 in favor of representation by the International Alliance of Theatrical Stage Employees, a "significant milestone" for a largely nonunion corner of the entertainment industry, the union announced Wednesday.

  • September 13, 2023

    House Panel Debates Autonomous Trucks And Supply Chain

    House lawmakers on Wednesday debated crafting a federal regulatory framework governing how autonomous commercial trucks are deployed in the U.S., as industry stakeholders pushed for concrete rules to help drive innovation and competition and safety advocates urged caution by saying the technology is "not ready for primetime."

  • September 13, 2023

    Colo. Fire Union Leader Alleges Bogus Firing For Labor Work

    A Colorado firefighter and president of an International Association of Fire Fighters local accused a fire protection district in federal court this week of unlawfully terminating him for his labor activities and making false claims to justify the firing.

  • September 13, 2023

    Biden-Era NLRB Picking Up Steam After Slow Start

    After a slow start, the National Labor Relations Board's Democratic majority has gotten in gear by releasing several precedent-shifting decisions ahead of one member's recent departure and is poised to keep up the momentum following her swift return.

  • September 13, 2023

    New Migrant Farmworker Rule Could Be Double-Edged Sword

    A proposed U.S. Department of Labor rule aimed at protecting temporary migrant farmworkers' unionization efforts could come at a cost: making an already complex program even more challenging for employers to comply with.

  • September 13, 2023

    Ex-Philly Pol Tells 3rd Circ. Union Support Wasn't Corrupt

    A former Philadelphia city councilman has appealed his honest services fraud convictions to the Third Circuit, claiming he was engaging in "routine and lawful conduct" when he promoted the interests of a union where he held a side job.

  • September 13, 2023

    Hospital Says Severance Ruling Shows NLRB 'Politicization'

    The National Labor Relations Board's precedent-shifting decision that severance agreements can't bar workers from disparaging their employers is an example of "toxic politicization" at the agency, a Michigan hospital argued to the Sixth Circuit, saying the board should not have interfered with the employer's separation practices.

  • September 13, 2023

    Black UPS Ex-Driver Says Union Speech Began Path To Firing

    A white UPS manager turned against a Black driver who gave a speech at a union protest and made it his mission to get the driver fired, a $3.1 million lawsuit in Florida federal court alleged, accusing the company of racial discrimination and retaliatory discharge.

  • September 12, 2023

    Marathon Asks 9th Circ. To Ax Subcontracting Arbitration Row

    The Ninth Circuit should reverse a district court's order requiring Marathon Petroleum and a subsidiary to arbitrate two grievances over subcontracting, the companies argued, telling the appeals court that a project labor agreement can't make the businesses go to arbitration.

  • September 12, 2023

    Union Must Face Kaiser's Sympathy Strike Claim In Arbitration

    A California federal judge sent a dispute between Kaiser Permanente and an Office and Professional Employees International Union local over the legality of a one-day sympathy strike to arbitration Tuesday, rejecting the union's claim that the fight does not qualify for arbitration.

  • September 12, 2023

    NLRB Attys Invoke Cemex Ruling In Bargaining Order Row

    The National Labor Relations Board's recent decision that shifted precedent on bargaining orders backs agency prosecutors' injunction bid against a Colorado nonprofit, board attorneys told a federal magistrate judge in a case involving the employer's elimination of jobs for workers in a proposed bargaining unit.

  • September 12, 2023

    Whole Foods Workers Dismiss High Court Ruling In Pin Suit

    A U.S. Supreme Court ruling allowing a wedding website designer to turn away gay couples does not support Whole Foods' position in its fight with a group of workers disciplined for wearing Black Lives Matter insignia in 2020, two workers told a National Labor Relations Board judge.

  • September 12, 2023

    NLRB GC Fires Warning Shot Over Repayment, Noncompetes

    A recent National Labor Relations Board complaint accusing a cosmetic treatment company of having unlawful noncompete and training repayment policies is a warning to employers that could also expand the rights workers have under federal labor law, experts said.

  • September 12, 2023

    Calif. Senate Tees Up Autonomous Truck Ban For Newsom

    The California State Senate has overwhelmingly approved a bill that would prohibit autonomous heavy-duty trucks from operating on public roads without a human operator present, delivering a big win to labor groups on a proposal autonomous-vehicle developers have decried as shortsighted.

  • September 12, 2023

    NLRB GC Says Amazon Confidentiality Pact Violated Law

    Amazon violated federal labor law by making a worker sign a confidentiality agreement as a condition of employment, the National Labor Relations Board's Seattle office alleged, seeking a nationwide order that the company walk back the policy and post a notice to all workers.

  • September 12, 2023

    DC Circ. Won't Disturb NLRB Win In Ballot Signature Dispute

    The full D.C. Circuit won't review a panel's ruling that a narrow union vote at a Colorado hospital could stand, turning down the hospital's bid for the full appeals court to decide whether a nurse's signature was valid.

  • September 12, 2023

    Legal Aid Employees Walk Off Job Over Wages, Remote Work

    For the second time this year, the unionized staff at The Legal Aid Society organized a picket in every New York borough to protest what they called a lack of pay, staggering attrition and slow negotiations.

  • September 12, 2023

    Union Wants Out Of Grocery Store Worker's Firing Suit

    A retail workers union has asked a New York federal judge to toss allegations that it breached its duty of fair representation by refusing to challenge a Manhattan supermarket employee's firing after he was caught stealing on camera, saying the worker can't show the union's decision was arbitrary.

  • September 11, 2023

    DOL Asks Court To Scrap Transit Union Officer Election Tally

    The U.S. Department of Labor asked a Georgia federal judge to vacate the results of a union officer election at an Amalgamated Transit Union local that represents Greyhound bus drivers, saying an agency investigation revealed that dozens of recently hired drivers did not get to vote.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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