Labor

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Scholars Back Lower Bar For NLRB Injunction At High Court

    A group of labor law professors defended the National Labor Relations Board's ability to dodge certain injunction requirements placed on private parties in a brief to the U.S. Supreme Court, recommending the justices side with the agency over Starbucks in a dispute about how the NLRB obtains injunctions.

  • April 02, 2024

    Plastics Co. Asks 3rd Circ. To Back Order Denying Rehire

    A plastics manufacturer called on the Third Circuit to uphold an arbitration award that denied reinstatement to a fired worker in Delaware, contending that the arbitrator correctly used an evidentiary doctrine to block a rehire remedy because the company found out the worker was intoxicated after his termination.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Union, Workers Must Comply With Starbucks' Subpoenas

    Workers United and a fired Starbucks employee must comply with subpoenas seeking information about workers' sentiments toward the union at a Long Island cafe following the worker's termination, a New York magistrate judge ruled, finding no confidentiality concerns.

  • April 01, 2024

    Bankrupt Coal Co.'s Affiliates Beat $6.5B Union Pension Suit

    A bankrupt coal company's affiliates have dodged claims that they owe $6.5 billion to a union pension plan, with a Washington, D.C., federal judge holding that the plan's trustees lacked standing to sue under the Employee Retirement Income Security Act because one trustee wasn't properly appointed.

  • April 01, 2024

    Right-Wing Personality Hit With Severance Charge At NLRB

    Conservative media personality Steven Crowder was hit with a National Labor Relations Board charge alleging he's leaning on an illegal separation agreement in a suit to stop an ex-producer from speaking out about him.

  • April 01, 2024

    Union Backs USPS In Bias Suit That Went To High Court

    A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.

  • April 01, 2024

    Carlton Fields Adds Stearns Weaver Employment Pro In Fla.

    Carlton Fields PA has added a labor and employment attorney from Stearns Weaver Miller as of counsel in its Tampa office, the firm announced Monday.

  • April 01, 2024

    NLRB Awards Disputed Seattle Port Work To ILWU

    Workers represented by the International Longshore and Warehouse Union are entitled to perform certain work at a port terminal in Seattle, the National Labor Relations Board ruled, rejecting the International Association of Machinists' bid for its members to take on the work.

  • April 01, 2024

    NLRB Official Tosses OPEIU's Election Bid At Consulting Co.

    A National Labor Relations Board official denied a petition from an Office and Professional Employees International Union affiliate to hold an election to represent workers at a consulting firm, saying the characteristics of workers who would be included and excluded from the proposed bargaining unit aren't clearly delineated.

  • April 01, 2024

    UNITE HERE President Steps Down After 11 Years

    The president of UNITE HERE has stepped down after 11 years of leading a union that represents 300,000 workers, the union announced Monday.

  • April 01, 2024

    Littler Adds Longtime Home Builders Association Atty In DC

    Littler Mendelson PC has hired a more than 20-year veteran of the National Association of Home Builders' in-house legal department to bolster its expertise counseling employers on construction liability, regulatory compliance and related matters, the firm recently announced.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    SEIU Dodges Nursing Homes' Defamation Claim

    A New Jersey federal judge dismissed defamation and trade libel allegations by nursing home operators against a union and its affiliates in light of U.S. Supreme Court precedent, saying the unions' statements at the center of the claims are connected to a labor dispute.

  • March 29, 2024

    Why The NLRB Doesn't Hold Electronic Elections In 2024

    The National Labor Relations Board's representation election process remains analog in 2024 despite a series of pushes to lift a long-standing legislative bar on pursuing electronic voting. Here, Law360 explores the debate over e-voting at the NLRB.

  • March 29, 2024

    OSHA Finalizes Rule Letting Unions Join Job Site Inspections

    The Occupational Safety and Health Administration issued a final rule Friday broadening workers' right to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

  • March 29, 2024

    NLRB Says Amazon Had Unlawful Off-Duty Access Rule

    Amazon violated federal labor law by maintaining a policy that restricted off-duty workers' access to a Kentucky facility, the National Labor Relations Board ruled Friday, saying the rule gave the company too much discretion over access and rejecting the company's claim that it quickly walked back the rule.

  • March 29, 2024

    Captive Audience Memo Order Must Stand, 5th Circ. Told

    The Fifth Circuit shouldn't revive staffing companies' First Amendment claim challenging a memo from the National Labor Relations Board's top prosecutor arguing that so-called captive audience meetings are illegal, the lead agency official argued, saying district courts lack jurisdiction to review the allegations over her guidance.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    SEIU Unit Defends Dartmouth Men's Basketball Union Ruling

    The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    Former Prison Contractor Must Pay $112K, 6th Circ. Says

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

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