Labor

  • September 03, 2024

    Apartment Co. Asks 9th Circ. To Toss NLRB Wage Talk Ruling

    An Arizona property management company has urged the Ninth Circuit to reverse a National Labor Relations Board decision finding the company unlawfully fired a worker who talked about wages, joining a chorus of employers arguing the labor agency is unconstitutionally structured.

  • September 03, 2024

    Calif. Eyes New Heavy-Duty Autonomous Truck Testing Regs

    California is forging ahead with plans to test and deploy more heavy-duty autonomous trucks, at the same time that state lawmakers are seeking to ban autonomous trucks from operating without a human driver behind the wheel.

  • September 03, 2024

    NLRB Official Permits Union Vote At Marathon Calif. Terminal

    Workers at a Marathon terminal in California can vote on whether they want the United Steelworkers to represent them, an NLRB regional director determined, while rejecting the union's request for an election to let the employees join an existing bargaining unit.

  • September 03, 2024

    Labor, Employment Ballot Questions May End Up In Court

    Voters this fall will consider ballot questions asking them to pass laws raising the minimum wage and expanding rights to sick leave and collective bargaining, potentially kicking off litigation that will give courts a chance to weigh in.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Teamsters Eye Game-Changing Win At Amazon 'Crown Jewel'

    The Teamsters have launched an ambitious organizing campaign at Amazon's premiere air cargo facility in Kentucky, hoping to draw on the experience of representing thousands of UPS workers in the state to notch a win that experts said could be the breakthrough the union has been seeking at the e-commerce giant.

  • August 30, 2024

    NLRB Official Nixes Union Ouster Attempt At Red Rock Casino

    A worker's bid to decertify a union representing maintenance employees at Red Rock Casino Resort & Spa in Las Vegas can't proceed, a National Labor Relations Board regional director determined, finding the petition should be dismissed because the board recently issued a bargaining order.

  • August 30, 2024

    UPS Gets NLRB Info Request Redo From 11th Circ.

    The Eleventh Circuit reversed on Friday part of a National Labor Relations Board ruling that UPS illegally refused to provide information to the Teamsters, directing the board to analyze the company's argument that the parties' contract precluded the union's request for workers' phone numbers.

  • August 30, 2024

    NLRB Says Nexstar Must Bargain With Union In Upstate NY

    The National Labor Relations Board ordered Nexstar Media Inc. to bargain with its workers' newly installed union, ruling that the media conglomerate violated federal labor law by refusing to work with a Communications Workers of America affiliate at its Rochester, New York, television station.

  • August 30, 2024

    NY Forecast: Hotel Bid To Toss Workers' WARN Act Suit

    This week a New York federal judge will consider attempts from the operators of Four Seasons Hotel New York to toss a class action that claims the hotel violated state and federal law by furloughing them without notice.

  • August 30, 2024

    3 Atty Takeaways On What's Ahead As ERISA Turns 50

    As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.

  • August 30, 2024

    Calif. Forecast: $5M Walmart COVID Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5.2 million deal in a wage and hour class action against Walmart alleging the retail giant failed to pay for time workers spent in COVID-19 health screenings. Here's a look at that case and other labor and employment matters coming up in California.

  • August 30, 2024

    COVID Excused Facility From Some Bargaining, 6th Circ. Says

    A Michigan nursing home that became critically understaffed when COVID-19 hit could offer temporary hazard pay and hire nonunion temporary workers without bargaining with its workers' union because of the emergency circumstances, but it needed to bargain over the effects of hiring the temps, the Sixth Circuit held.

  • August 30, 2024

    Starbucks Lawfully Denied Transfer Requests, NLRB Says

    An agency judge rightly cleared Starbucks of claims that the company unlawfully denied an Illinois employee's bids to transfer stores, the National Labor Relations Board concluded, pointing to evidence that the company blocked one request because of the worker's availability.

  • August 29, 2024

    Don't 'Handcuff' NLRB By Halting ULP Case, Agency Says

    A Michigan federal court should not "handcuff" the National Labor Relations Board by greenlighting an injunction to stop unfair labor practice proceedings against an auto parts maker, the board contended, fighting back against claims that there are constitutional concerns with the agency.

  • August 29, 2024

    NLRB Rejects Amazon Challenges To Staten Island Union Win

    The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.

  • August 29, 2024

    NLRB Partners With Other Feds In Merger Probes

    The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.

  • August 29, 2024

    NFL, Broncos Say Player's THC Suit Belongs In Arbitration

    The NFL and Denver Broncos said a former player's revised discrimination lawsuit can't avoid arbitration because claims that he was unfairly fined more than $532,000 for using prescribed THC to treat medical conditions still fall under a collective bargaining agreement.

  • August 29, 2024

    Starbucks' Texts About Union Drive Still Coercive, NLRB Says

    Starbucks unlawfully texted a worker with questions about union organizing at a Minneapolis cafe, the National Labor Relations Board concluded, nixing the coffee giant's argument that such queries via text message are "inherently less coercive."

  • August 29, 2024

    FTC Wants Kroger's Constitution Suit To Follow Merger Case

    The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.

  • August 29, 2024

    Brewer Fights NLRB Order Over Union President Put On Leave

    A Puerto Rico beer company asked the D.C. Circuit Thursday to reverse a National Labor Relations Board decision finding it unlawfully declared impasse during bargaining and placed a union president on long-term leave, saying the board improperly cited a settlement of an unrelated case as evidence of antiunion sentiment.

  • August 29, 2024

    National Labor Relations Board Appoints 1st Chief AI Officer

    The National Labor Relations Board on Thursday announced the appointment of an assistant general counsel and e-litigation chief as the agency's first-ever chief artificial intelligence officer.

  • August 29, 2024

    Starbucks' Remark On Worker Trustworthiness Found Illegal

    A Starbucks manager at a Tennessee cafe illegally told a worker that employees became untrustworthy after union organizing efforts sprang up, a National Labor Relations Board judge ruled, saying a reasonable employee would consider the remarks a threat of retaliation.

  • August 28, 2024

    Teamsters Can't Arbitrate Sysco Pension Spat, Judge Says

    A Teamsters local can't take its challenges about a monthly early retirement benefit to arbitration, a Michigan federal judge determined Wednesday, finding that the grievance process under a collective bargaining agreement doesn't cover the dispute.

  • August 28, 2024

    Wash. AG Fears Kroger Will Move Goalposts For Merger Trial

    The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.

Expert Analysis

  • Trends That Will Shape The Construction Industry In 2024

    Author Photo

    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

    Author Photo

    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

    Author Photo

    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

    Author Photo

    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.