Labor

  • June 23, 2022

    Pension Fund Fights Paint Co.'s Request To Delay Payments

    A union pension fund pursuing over $400,000 in payments from a paint company that stopped contributing to the fund asked a New York federal judge to reject the business's request to be excused from making payments for a set period, saying federal law compels the payments to resume now.

  • June 23, 2022

    Ex-AFGE Officer Loses Late-Hour Bid To Join Union Election

    A D.C. federal judge denied a bid by an ousted American Federation of Government Employees official and union presidential hopeful for reinstatement ahead of the union's officer elections this week, saying he repeated arguments that the court rejected in April.

  • June 23, 2022

    NLRB GC Touts Settlement Wins Under 'Full Relief' Push

    The National Labor Relations Board's top prosecutor on Thursday applauded the efforts of regional offices in obtaining settlements with expanded remedies, saying the agency has negotiated compensation for expenses such as late car loan payments and baby formula.

  • June 23, 2022

    Unions Call On FCC To Stop Tegna Go-Private Deal

    Two broadcast industry unions want the Federal Communications Commission to reject Tegna's plan to go private in an $8.6 billion deal with hedge fund Standard General, saying the consolidation of TV stations would harm consumers and workers.

  • June 23, 2022

    House Appropriators Float $319M Budget For NLRB

    As National Labor Relations Board leaders continue to clamor for more cash, U.S. House of Representatives appropriators have floated a plan to boost the busy agency's budget by nearly $50 million.

  • June 23, 2022

    NJ County Axes Asphalt Co.'s Project Labor Agreement Suit

    An asphalt company can't block a project labor agreement between a New Jersey county and a construction trades council, a federal judge ruled Thursday, saying that the company, a nonunion employee and a builder association didn't show how they would be injured by the agreement.

  • June 23, 2022

    Honeywell's Fee Bid In Benefits Suit Is Too Late, UAW Says

    The United Auto Workers urged a Michigan federal court to reject Honeywell's attempt to force the union to cover over $263,000 of the company's legal fees and costs following Honeywell's win in a decadelong dispute over retirees' entitlement to health care benefits, calling the bid untimely and inappropriate.

  • June 23, 2022

    NLRB Urges DC Circ. To Back Hotel Unit Analysis On Remand

    National Labor Relations Board attorneys told the D.C. Circuit that its December decision correctly ruled against a hotel's contention that three units of housekeepers, food service workers and front desk clerks should be lumped into one bargaining unit, saying evidence supports the board's analysis on remand.

  • June 23, 2022

    Restaurant Groups Ask 2nd Circ. To Nix NYC Just Cause Laws

    New York City's just cause laws for fast food workers are preempted by federal law and discriminate against certain chains, two restaurant groups told a Second Circuit panel, urging it to reverse a lower court's ruling that the firing protection laws can stand.

  • June 23, 2022

    Food Industry Unions Struggle To Mimic Starbucks' Success

    As Starbucks workers increasingly vote in favor of union representation at cafes across the country, fast food and other restaurant workers are riding that momentum to try to organize their own workplaces, but with mixed success.

  • June 23, 2022

    NLRB Judge OKs Produce Co.'s Camera Policy, Discipline

    An Arizona produce company did not violate federal labor law when it required a driver to uncover the camera in his truck, a National Labor Relations Board judge ruled, saying there is no evidence that the demand was unusual or directed at constraining union activity. 

  • June 22, 2022

    Starbucks Wants NLRB To Pay For Failed Injunction Bid

    Starbucks has asked an Arizona federal judge to compel the National Labor Relations Board to cover the roughly $7,500 the company spent fighting the NLRB's injunction request in a lawsuit alleging management retaliation against three worker-organizers in Phoenix, citing the judge's denial of the request.

  • June 22, 2022

    Unions In Driver's Seat Amid Uptick In Retail Organizing

    An explosion of new organizing at big-name, nonunion retailers is showing no signs of slowing as the movement notches its first win at an Apple outpost in Maryland and continues to spread within and beyond other businesses it's already reached, such as Trader Joe's and REI.

  • June 22, 2022

    NLRB Orders ADT To Not Unilaterally Alter Work Schedules

    The National Labor Relations Board ordered ADT on Wednesday to stop unilaterally altering its employees' schedules after reviewing a case on remand from the Second Circuit, ending a six-year dispute between a union and the security company over its six-day workweek.

  • June 22, 2022

    IAM, Alaska Airlines Reach 'Historic' Tentative Agreement

    The International Association of Machinists reached a tentative agreement with Alaska Airlines covering some 5,300 workers that would put them at the top of the industry's pay scale, the union announced Wednesday.

  • June 22, 2022

    Starbucks May Add Bargaining Note As Evidence, Judge Says

    A Tennessee federal judge allowed Starbucks to reopen the record Wednesday in the National Labor Relations Board's case over the coffee chain's firings of seven workers in Memphis, saying the company could submit a bargaining demand from the workers as evidence.

  • June 22, 2022

    Steelworkers Say Package Co.'s Sanctions Bid Is 'Meritless'

    The United Steelworkers urged an Arkansas federal judge to dismiss a packaging company's sanctions bid alleging the union didn't attend depositions in the business' suit over a COVID-19 benefits grievance, saying the company is attempting to improperly obtain discovery through the court for an NLRB proceeding.

  • June 22, 2022

    Hospital Can't Arbitrate Payment Fight After Loss, Union Says

    A Service Employees International Union affiliate and an SEIU pension fund asked a Pennsylvania federal judge to dismiss a Pittsburgh-area hospital's attempt to push a payment dispute to arbitration after having lost in court, saying the litigation should be thrown out entirely.

  • June 21, 2022

    NLRB Sues For Bargaining Order At Buffalo Starbucks

    The National Labor Relations Board on Tuesday asked a New York federal judge for an order requiring Starbucks to rehire seven fired workers in Buffalo, bargain with a union and refrain from interfering with union organizing at any of its U.S. stores.

  • June 21, 2022

    NJ Transit Secures End To Challenged Union Engineer Protest

    NJ Transit engineers represented by the Brotherhood of Locomotive Engineers and Trainmen must cease and desist from calling out of work to protest their lack of holiday pay on Juneteenth, a New Jersey federal judge has ordered.

  • June 21, 2022

    Universal Wants To Toss Theme Park Worker's Wage Suit

    Universal Studios urged a California federal court to ax a former employee's proposed class action claiming that workers were not paid for time spent undergoing security checks, saying Tuesday that the allegations depend on an interpretation of a collective bargaining agreement and are preempted by the Labor Management Relations Act.

  • June 21, 2022

    NLRB Says Joint Employer, Election Rule Changes Incoming

    The National Labor Relations Board is moving to nix a set of 2020 rules that weakened so-called blocking charges and altered other election-related doctrines and is close to a plan for revising its test for joint employer liability, according to a regulatory road map released Tuesday.

  • June 21, 2022

    Ex-Ill. Sen. Gets 1 Year In Prison For Union Embezzlement

    An Illinois federal judge on Tuesday sentenced former Illinois state Sen. Tom Cullerton to a year in prison for embezzlement, after the ex-lawmaker admitted earlier this year that he received a salary, a car and benefits from a Teamsters division while performing little to no work.

  • June 21, 2022

    NLRB Rejects Union's Bid To Stop Starbucks' Unit Scope Spat

    The National Labor Relations Board denied a bid from Workers United to review a regional director's decision allowing Starbucks to oppose the scope of a bargaining unit with no new evidence, saying the union's request raised no issues justifying review.

  • June 21, 2022

    Puerto Rico-Based Union Wants To Split From Machinists

    A construction workers union asked a Puerto Rico federal court to nullify an affiliation agreement that the organization's former president signed with the International Association of Machinists in 2019, saying the accord was not ratified by an adequate number of members under the union's constitution.

Expert Analysis

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

  • Understanding Labor Law Issues In Starbucks Union Win

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    Anne Lofaso at the West Virginia University College of Law lays out how labor law applies to Starbucks workers’ recent vote to unionize at a single store in Buffalo, New York, particularly with regard to determinations of appropriate bargaining units and communities of interest, and she predicts what this could mean for National Labor Relations Board standards and the future of organizing.

  • Employer Lessons On NLRB Elections After Amazon Vote

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    The ongoing labor saga at an Alabama Amazon distribution center — involving a failed vote to unionize this spring, subsequent claims of company misconduct and the National Labor Relations Board’s recent order of a second election — contains important employer takeaways on mail-in ballots, employee turnout and other key aspects of workplace elections, says Thomas Lenz at Atkinson Andelson.

  • Employer Takeaways From NLRB Top Cop Immigration Memo

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    After the National Labor Relations Board general counsel’s recent memo reiterating that the organizing rights of immigrant workers are protected under federal law, employers can expect vigorous enforcement of this policy in all aspects of the agency's investigation, litigation, enforcement and remedial activities, say Steven Swirsky and Erin Schaefer at Epstein Becker.

  • DC Circ. Ruling Shows Slow-Rolled NLRB Compliance Is Risky

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    The D.C. Circuit recently held MasTec Advanced Technologies in contempt of court for failing to comply with an order from the National Labor Relations Board, serving as a reminder to employers that a slow response to or ignorance of board and court orders may come with stiff sanctions, say attorneys at Hunton.

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.

  • Employer Vaccine Bargaining Duties After NLRB Memo

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    Following a recent memo from the National Labor Relations Board’s general counsel, employers should assume bargaining obligations are triggered by all elements of the Occupational Safety and Health Administration’s COVID-19 vaccine or testing mandate, and quickly present an initial implementation position to unions, say attorneys at Morgan Lewis.

  • 5 Tips For Navigating The Vax-Or-Test Mandate

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    To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

  • NLRB Trucking Co. Ruling Signals Pro-Union Proclivity

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    The National Labor Relations Board's recent unfair labor practice ruling against a group of trucking companies affiliated with Universal Logistic Holdings demonstrates that the current board leans toward union empowerment via a single-employer precedent that leaves little room for flexibility in corporate structures, says Sarah Moore at Zashin & Rich.

  • How Labor Law May Affect Your COVID Vaccine Mandate

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    Daniel Johns at Cozen O’Connor outlines the labor law considerations companies should remember when mandating COVID-19 vaccines in the workplace, particularly with regard to employers’ duty to bargain with unions, and employees’ rights to engage in concerted protected activity to protest such requirements.

  • Public Agency Risks Grow Under New Calif. Pension Law

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    Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.

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