Labor

  • 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.

  • June 21, 2022

    Hospital Techs Can't Separate From AFSCME Union

    A National Labor Relations Board official rejected an independent union's bid to represent technicians and other workers at a Pennsylvania hospital whose staff is already represented by an American Federation of State, County and Municipal Employees affiliate, saying the group is not distinct enough to split off.

  • June 21, 2022

    SEIU Announces Retirement Of 2 Top Officials

    Two top executives at the Service Employees International Union will retire after working in the labor movement for a combined 81 years, the union announced.

  • June 21, 2022

    University Professors Group Finalizes Affiliation With AFT

    The American Association of University Professors voted to affiliate with the American Federation of Teachers at its biennial meeting, forming the largest coalition of unionized higher education workers, the organizations announced.

  • June 17, 2022

    The Law360 400: Tracking The Largest US Law Firms

    As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 20, 2022

    In First, Workers At Maryland Apple Store Vote To Unionize

    Workers at a Maryland Apple store voted on Saturday to be represented by the International Association of Machinists, becoming the first of the company's U.S. retail locations to vote in a union.

  • June 17, 2022

    Union Unlawfully Picketed Nursing Home, NLRB Judge Says

    A National Labor Relations Board judge ruled Friday that a Service Employees International Union rally outside a Michigan nursing home constituted unlawful picketing, but said that does not warrant overturning an election in which workers defeated an effort to oust the union.

  • June 17, 2022

    Teamsters Leaders Recommend Approval Of Carhaul Contract

    Leaders of Teamsters locals representing more than 3,000 drivers who transport automobiles have unanimously endorsed a tentative three-year collective bargaining agreement, the union said.

  • June 17, 2022

    Workers Can Vote On Ousting Union At Michigan Hospital

    A National Labor Relations Board official has ordered a decertification election for more than 300 Michigan hospital workers to vote on whether to disaffiliate from a union, rejecting the union's argument that a pending dispute over a previous election request should have nixed this one.

  • June 17, 2022

    Pa. Newspaper's Union Fight Brings Certainty To Bargaining

    The Third Circuit's strikedown of decades-old precedent allowing "implied" provisions to outlive an employment contract's expiration handed a major win to the Pittsburgh Post-Gazette in a long-simmering clash with its unions, but attorneys say both sides of the bargaining table will benefit from the opportunity to create clearer terms.

  • June 17, 2022

    NY Forecast: Hearing On $2M Settlement Over Break Pay

    In the coming week, a more than $2.2 million settlement will go for approval before a New York federal judge to resolve a lawsuit claiming a perfume distributor deprived workers of overtime and other pay through its break policy. Here, Law360 looks at that case as well as other major labor and employment cases on the docket in the state.

  • June 17, 2022

    Civil Rights Expert Can Testify In Whole Foods BLM Case

    An African American studies professor at Princeton University can provide expert testimony on allegations that Whole Foods unlawfully barred workers from wearing Black Lives Matter apparel, an NLRB judge ruled Friday, saying the parties should have the opportunity to question the professor about the validity of her statements.

  • June 17, 2022

    FTC Touts Labor As It Reviews Microsoft's Activision Deal

    Federal Trade Commission Chair Lina Khan affirmed the agency's commitment to scrutinizing mergers for their potential impact on labor markets after lawmakers urged enforcers to consider how Microsoft's $68.7 billion bid for Activision Blizzard would affect workers.

  • June 17, 2022

    Calif. Forecast: FedEx Wage Suit Could Be Paused

    In the coming week, attorneys should keep an eye out for a potential stay or partial dismissal in a proposed wage and hour class action against FedEx by delivery drivers. Here's a look at that case and other labor and employment matters coming up in California.

  • June 17, 2022

    NLRB Judge Says Pizzeria Fired Worker Over Walkout

    A National Labor Relations Board judge has ordered the proprietor of a Pittsburgh pizzeria to offer to rehire an employee who lost his job after protesting on-the-job safety and staffing issues, saying the walkout that the worker led was protected activity under the National Labor Relations Act.

  • June 17, 2022

    Buchanan Ingersoll Expands Employment Practice In Philly

    An attorney specializing in counseling higher education institutions has left White and Williams after more than 13 years to join Buchanan Ingersoll & Rooney's Philadelphia office, the firm announced this week.

  • June 17, 2022

    Kaiser Unit Must Hand Over Telehealth Info, NLRB Judge Says

    A Kaiser Permanente affiliate unlawfully delayed its response to an information request from a health care workers union about mental health services, including the number of patients seen by phone or video, an NLRB judge ruled, finding the company didn't have a good excuse for its tardiness.

  • June 17, 2022

    GMB To Take Bolt To Court Over Drivers' Legal Status

    A major U.K. trade union has said that it will take a Tallinn, Estonia-headquartered ride-hailing company to court for treating its drivers as self-employed rather than full employees, denying them protections, including minimum wage and pensions.

  • June 16, 2022

    Bricklayers Affiliate Wants $882K Arbitration Award Enforced

    An International Union of Bricklayers and Allied Craftworkers affiliate has asked an Illinois federal judge to compel two related businesses to pay it $882,000, saying the companies haven't complied with an order issued after an arbitration board found that they'd employed four nonunion workers on a union project.

  • June 16, 2022

    Teamsters Official Wins $100K In Termination Settlement

    A secretary-treasurer of a Teamsters local who filed a suit alleging the union unlawfully removed him from office after splitting with the local president's support of national union leadership candidates won over $100,000 and his reinstatement in a settlement filed in Illinois federal court.

  • June 16, 2022

    Amazon Overstepped In Union Depositions, NLRB Tells Court

    Attorneys for Amazon used depositions in a federal lawsuit over a worker's firing to ask workers tied to the Amazon Labor Union questions that would be relevant to ongoing National Labor Relations Board litigation, the board's Brooklyn regional office claimed Thursday as it asked to keep the depositions under wraps.

Expert Analysis

  • NLRB GC's Remedies Memos Should Concern Employers

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    Two recent memos from the National Labor Relations Board’s general counsel, endorsing stronger remedies for certain unfair labor practice charges, mean businesses must carefully administer discipline and negotiate bargaining agreements — otherwise, they may be forced to choose between risky litigation or full capitulation, say attorneys at Obermayer Rebmann.

  • College Athlete Employee Status Would Raise Novel Issues

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    A recent declaration that the National Labor Relations Board's office of general counsel now considers certain college athletes employees, if formally adopted by the NLRB, could bring new questions for colleges and athletes on workers' compensation, unemployment insurance, tax liability and more, says Mike Ingersoll at Womble Bond.

  • ERISA Ruling Reveals Big-Picture Health Benefit Issues

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    While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

  • 2nd Circ. Ruling Signals Decisive Shift To NLRB Contract Test

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    In its recent International Brotherhood of Electrical Workers v. National Labor Relations Board decision, the Second Circuit explicitly approved an NLRB test that gives employers flexibility to address unforeseen circumstances not addressed in union contracts, and signified the end of a decades-old test requiring a clear and unmistakable waiver of bargaining rights, says Frederick Braid at Holland & Knight.

  • What Employers Should Know About NLRB Top Cop Priorities

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    A recent memo released by the National Labor Relations Board's new general counsel signals changes in enforcement priorities, and both unionized and nonunionized employers should note potential shifts in precedent for contract work, handbooks, electronic media and more, say Robert Lian and James Crowley at Akin Gump.

  • Employer Lessons From 7th Circ. Ruling On Labor Violations

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    The Seventh Circuit’s recent affirmation of the National Labor Relations Board’s finding against Mondelez Global contains lessons for employers on unlawful discharges, unilateral changes and information requests — which also apply to mandatory vaccination and other pandemic-related policies, say Andrew Goldberg and Christina Wernick at Laner Muchin.

  • How High Court Takings Ruling Compares With Prior Analysis

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    In setting new precedent on regulatory takings with its recent decision in Cedar Point v. Hassid, the U.S. Supreme Court did not overrule the test established in its 1978 Penn Central v. New York City opinion, but it is possible that Penn Central would be decided differently today, says John Walk at Hirschler.

  • Under Biden, Nonunion Employers Can't Ignore Labor Law

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    The National Labor Relations Board under President Joe Biden will likely expand employee protections in the nonunion workplace, so employers must consider potential liabilities, especially regarding investigations, handbooks and discipline for worker misconduct, says Daniel Johns at Cozen O'Connor.

  • NLRB Saves Scabby But Must Go Further On Free Speech

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    The National Labor Relations Board recently reaffirmed that unions have the right to display banners and the rat-shaped balloon Scabby on public property near a work site shared by multiple employers, but the absence of full First Amendment protection for peaceful labor picketing has become increasingly untenable in view of U.S. Supreme Court decisions, says Catherine Fisk at the University of California.

  • How Purchasers, Debtors Can Navigate CBAs In Bankruptcy

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    As commercial bankruptcy filings rise, debtor and purchasing employers have several available tools to modify or eliminate preexisting collective bargaining agreements, with nuanced considerations established by the Bankruptcy Code and case law, says Stephania Sanon at McDermott.

  • Lessons On Protected Conduct From Starbucks NLRB Ruling

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    A recent National Labor Relations Board ruling against Starbucks, finding that the company violated the National Labor Relations Act, helps to illustrate examples of protected conduct and highlights some best practices for employers considering adverse action against employees who have engaged in union activities, says Geoff Gilbert at Constangy Brooks.

  • DC Circ. Labor Ruling Is A Win For Employer Free Speech

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    The D.C. Circuit’s recent decision overturning the National Labor Relations Board's finding that a Trinity Services manager's misstatements blaming the union for paid leave issues amounted to an unfair labor practice preserves workplace free speech, but reminds employers to uphold certain best practices when communicating with workers, say Scott Nelson and Lukas Moffett at Hunton.

  • NLRB Can Bypass Senate Gridlock To Impose Labor Reforms

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    The Protect the Right to Organize Act, which would dramatically expand federal labor law and is endorsed by the Biden administration, is likely to fail in the Senate, but there are many elements of the pro-union bill that may be implemented by the National Labor Relations Board without legislation, say attorneys at Jackson Lewis.

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