Labor

  • 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.

  • June 28, 2022

    LA Restaurant Wants Bargaining Order Paused During Appeal

    A Los Angeles restaurant urged a California federal judge to pause the court's order requiring it to bargain with a union until the Ninth Circuit reviews the business's appeal of the decision, saying the union bargained in bad faith by submitting an extensive information request.

  • June 28, 2022

    CWA Reaches Tentative Contract Deal With AT&T

    A union representing more than 13,000 AT&T workers has reached a tentative contract agreement with the company, which would raise base wages by almost 15% and improve working conditions if ratified, according to an announcement made Tuesday.

  • June 27, 2022

    The Labor Cases To Watch In 2022's Second Half

    As the calendar flips to the second half of 2022, the National Labor Relations Board is poised to revisit issues including its bargaining order standards and the validity of so-called captive audience meetings, and a New York judge is mulling a landmark injunction bid against Starbucks. Here, Law360 looks at these and other cases to watch for the rest of the year.

  • June 27, 2022

    Casino Tells Nev. Judge To Again Reject NLRB Subpoena Bid

    Station Casinos urged a Nevada federal judge to reject the National Labor Relations Board's bid to require the company to turn over documents as part of an unfair labor practice case at the agency, calling the board's request too broad and irrelevant to the dispute.

  • June 27, 2022

    Boston Schools Want Out Of Union's Remote Work Suit

    Boston Public Schools asked a Massachusetts federal judge Monday to scrap a teachers union's COVID-19 lawsuit, saying the union would have to prove each of its members suffered discrimination when they were required to return to work in person despite their health conditions and concerns about the coronavirus.

  • June 27, 2022

    High Court Turns Away Teamsters Fund's $58M Pension Suit

    The U.S. Supreme Court declined a Teamsters pension fund's request on Monday to review a ruling that let a wholesale grocer avoid paying $58 million the fund claimed it was owed after a warehouse operator stopped contributing.

  • June 27, 2022

    Striking Workers' Firing Flouted Labor Law, NLRB Judge Says

    A pipeline and sewer company unlawfully fired two striking workers, a National Labor Relations Board judge ruled, holding that their union activity motivated the company to terminate their employment.

  • June 27, 2022

    Kaiser Permanente Urges Judge To Keep Strike Suit In Court

    Two Kaiser Permanente affiliates challenged a health care workers union's bid to toss their suit alleging that the union violated its labor contracts by partaking in a sympathy strike with a separate engineers union, arguing that the companies have alleged enough facts for the complaint to stay in court.

  • June 27, 2022

    Workers Tell 4th Circ. Volvo Needed Their OK For Deductions

    Volvo was not authorized to deduct money from its employees' paychecks to offset overpayments without their authorization, a group of workers said Monday, asking the Fourth Circuit to overturn a Maryland district court's decision in favor of the car manufacturer.

  • June 27, 2022

    NLRB Judge Hits Hospital For Firing Union Leader

    A New York hospital's firing of a radiology technician after she led a successful unionization campaign was motivated by anti-union animus, a National Labor Relations Board judge ruled, rejecting the hospital's contention that she was fired for a health privacy law violation.

  • June 27, 2022

    Starbucks Says 'Memphis 7' Firings Didn't Inhibit Union Effort

    Starbucks' firings of workers known as the Memphis 7 did not have a detrimental impact on unionization efforts nationwide, as Workers United has organized at more than 300 shops, the coffee chain told a Tennessee federal court.

  • June 27, 2022

    Judge Backs 1199SEIU's $30M Arb. Award For Wages Dispute

    A New York federal judge granted the Service Employees International Union's bid to confirm a $30 million arbitration award creating a wage fund for underpaid staff members, saying that the award is reasonable and rejecting 13 former union members' arguments to vacate it.

  • June 24, 2022

    Amazon Points To Worker Organizing To Deny Union-Busting

    An attorney for Amazon on Friday told a New York federal judge that the recent union election and intense organizing activity at the online retailer's Staten Island warehouse shows there's been no effort by it to stifle workers' collective bargaining efforts.

  • June 24, 2022

    NLRB Prosecutors Seek Joy Silk Order At Kansas Starbucks

    National Labor Relations Board prosecutors in St. Louis have moved to revive the dormant Joy Silk bargaining order standard and make Starbucks deal with workers at a Kansas City-area store, claiming the company broke the law by refusing workers' demands for union recognition.

  • June 24, 2022

    8th Circ. Denies Union's Bid To Resume Dues, Nix Pay Bump

    A pay bump for union-represented train and engine employees at Iowa Northern Railway Co. will remain intact after the Eighth Circuit upheld an Iowa federal judge's refusal to issue an injunction returning workers to their pre-raise wages.

  • June 24, 2022

    Top 4 Labor Developments Of 2022 So Far

    Despite a relatively quiet National Labor Relations Board, the first half of 2022 was a busy time for labor, with expanding union organizing campaigns at high-profile employers as well as legal decisions on employer speech rights and the processing of cases at the board.

  • June 24, 2022

    United Airlines, Pilots Union Reach Tentative Labor Contract

    The union representing 14,000 United Airlines pilots said Friday it had reached a tentative agreement to modify its contract with the airline, providing for pay raises and increased benefits if ratified.

  • June 24, 2022

    Ariz. Judge Says Dispensary Must Rehire Union Organizer

    An Arizona cannabis dispensary must rehire a sales associate it fired in 2020 after she ran a unionization campaign at the store, an Arizona federal judge has ruled, granting an injunction request from a National Labor Relations Board official.

  • June 24, 2022

    NLRB Official OKs Vote For Air Force Base Medical Workers

    Nine medical and health care employees for a government contractor at Kirtland Air Force Base in New Mexico may vote in a mail-ballot election on whether to be represented by the International Association of Machinists, a National Labor Relations Board official said, finding the mixed unit of nonprofessional and professional workers have sufficient commonalities.

  • June 24, 2022

    3rd Judge On NYC Vax Case Refuses To Step Down

    The third federal judge tapped to oversee a challenge to New York City's vaccine mandate for city workers has issued a statement saying she no longer owns stock in Pfizer after the plaintiffs pressed her on her earlier decision not to recuse herself. 

  • June 24, 2022

    NY Forecast: NYC Events Venue Tries To Toss Race Bias Suit

    In the coming week, a New York events venue and restaurant will seek to dismiss a former server's lawsuit claiming he was subjected to rampant harassment and discrimination based on his race. Here, Law360 looks at that case and other major labor and employment cases on the docket in the state. 

Expert Analysis

  • Problems For Nonunion Contractors In Biden's Labor Mandate

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    President Joe Biden’s recent order mandating the use of project labor agreements for large-scale federal construction projects is a welcome development for organized labor, with potentially expensive consequences for nonunion contractors and subcontractors, say Michael Schrier and Adam Doerr at Husch Blackwell.

  • A Gov't Contractor's Guide To White House Pro-Union Report

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    The 60 recommendations recently released by the White House Task Force on Worker Organizing and Empowerment are likely to have an immediate impact, especially on government contractors, in three areas — workers' right to organize, employee misclassification, and enforcement expectations, say attorneys at MoFo.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • 11th Circ. Labor Ruling Shows Limits Of 'Right-To-Work' Laws

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    The Eleventh Circuit’s recent decision in Towns v. Directors Guild, dismissing a terminated employee’s right-to-work claims against a union, primarily serves as a cautionary example of poor timing choices in litigation — but also shows how labor organizations may control access to employment, regardless of statutory protections, says Peter Spanos at Taylor English.

  • How NCAA Can Avoid Athlete Compensation Antitrust Issues

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    As demonstrated by a young soccer player's recent case against the National Women's Soccer League in Oregon federal court, if the NCAA treats athletes as employees and uses collective bargaining, the organization could shape the future of name, image and likeness compensation without running afoul of antitrust laws, says Eric Mills at Miller Nash.

  • Employer's Agenda: Honeywell Counsel Talks ESG

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    As companies face more pressure from shareholders to operate as agents of change, employment attorneys must engage in efforts to reduce risks and optimize opportunities related to environmental, social and governance factors — because workplace issues are salient in all three categories, says Lindsay Hedrick, chief labor and employment counsel at Honeywell.

  • Labor Arbitration For Virtual Work Issues Can Be Tricky

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    The rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct, but considering three main factors can help them address the eroding boundary between an employee's workplace and off-the-clock space, says Daniel Johns at Cozen O’Connor.

  • Employer's Agenda: Cognizant Counsel Talk Remote Work

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    The pandemic-induced shift to hybrid remote work models poses new employment law risks, but in-house and outside counsel can take practical steps to manage wage and hour requirements, variations in state laws, and the complicated web of federal and state vaccine mandates, say Michael Ferrans and Aliya Horne, associate general counsel for labor and employment at Cognizant.

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

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