The Ninth Circuit should reverse a district court's order requiring Marathon Petroleum and a subsidiary to arbitrate two grievances over subcontracting, the companies argued, telling the appeals court that a project labor agreement can't make the businesses go to arbitration.
A California federal judge sent a dispute between Kaiser Permanente and an Office and Professional Employees International Union local over the legality of a one-day sympathy strike to arbitration Tuesday, rejecting the union's claim that the fight does not qualify for arbitration.
The National Labor Relations Board's recent decision that shifted precedent on bargaining orders backs agency prosecutors' injunction bid against a Colorado nonprofit, board attorneys told a federal magistrate judge in a case involving the employer's elimination of jobs for workers in a proposed bargaining unit.
A U.S. Supreme Court ruling allowing a wedding website designer to turn away gay couples does not support Whole Foods' position in its fight with a group of workers disciplined for wearing Black Lives Matter insignia in 2020, two workers told a National Labor Relations Board judge.
A recent National Labor Relations Board complaint accusing a cosmetic treatment company of having unlawful noncompete and training repayment policies is a warning to employers that could also expand the rights workers have under federal labor law, experts said.
The California State Senate has overwhelmingly approved a bill that would prohibit autonomous heavy-duty trucks from operating on public roads without a human operator present, delivering a big win to labor groups on a proposal autonomous-vehicle developers have decried as shortsighted.
Amazon violated federal labor law by making a worker sign a confidentiality agreement as a condition of employment, the National Labor Relations Board's Seattle office alleged, seeking a nationwide order that the company walk back the policy and post a notice to all workers.
The full D.C. Circuit won't review a panel's ruling that a narrow union vote at a Colorado hospital could stand, turning down the hospital's bid for the full appeals court to decide whether a nurse's signature was valid.
For the second time this year, the unionized staff at The Legal Aid Society organized a picket in every New York borough to protest what they called a lack of pay, staggering attrition and slow negotiations.
A retail workers union has asked a New York federal judge to toss allegations that it breached its duty of fair representation by refusing to challenge a Manhattan supermarket employee's firing after he was caught stealing on camera, saying the worker can't show the union's decision was arbitrary.
The U.S. Department of Labor asked a Georgia federal judge to vacate the results of a union officer election at an Amalgamated Transit Union local that represents Greyhound bus drivers, saying an agency investigation revealed that dozens of recently hired drivers did not get to vote.
Amazon.com Services LLC is seeking a court order to protect sensitive business data it says either prosecutors or the U.S. Occupational Safety and Health Administration leaked as part of investigations into workplace safety and alleged misstatements to banks.
A rubber manufacturer urged the Fifth Circuit to reverse a National Labor Relations Board decision shifting the agency's analysis for worker outbursts, telling the appeals court that the board denied the company due process and returned to a precedent that clashes with federal labor law.
The operator of a New York restaurant and its related entities are single employers who must pay over $85,000 in back pay to four fired workers, a National Labor Relations Board judge ruled Monday, saying the businesses have the same owners and managers.
Two trustees of a union life insurance fund have challenged an Illinois federal judge's order for them to relinquish control of the fund, asking the Seventh Circuit to vacate the U.S. Department of Labor's win in the asset mismanagement case.
The U.S. Postal Service unlawfully enforced a rule that prevented workers from gathering petition signatures and told a worker to not hang up flyers about workplace safety, an NLRB judge ruled, ordering the Postal Service to post a nationwide notice about its violation of federal labor law.
A bid to oust the United Mine Workers of America at Warrior Met Coal's Alabama mine can't proceed, a National Labor Relations Board official determined, saying evidence shows a link between claims of the company's federal labor law violations and the decertification petition.
A UPS driver accused a Teamsters local on Friday of breaching its fair representation duty by not properly handling his grievances against UPS over scheduling and discipline, according to an Iowa federal court complaint, claiming the union didn't file appropriate paperwork for a hearing.
A regional director for the National Labor Relations Board filed a lawsuit against a major hospital system and a Colorado hospital, accusing it of unfair labor practices for excluding recently unionized nurses from pay and benefits increases and asking a federal judge to force the hospital to provide the increases to the nurses.
A California teaching hospital consortium affiliated with the Seventh-day Adventist Church has stopped fighting its medical residents' union drive through the federal appellate court system, D.C. Circuit paperwork shows.
The D.C. Circuit examined Friday whether the National Labor Relations Board properly ordered Rite Aid to contribute to a union's health care benefits fund, with judges posing questions about the fund's financial state and the company's ability to challenge the remedy in compliance proceedings.
A National Labor Relations Board judge has tossed litigation accusing Starbucks of attempting to undermine a union by denying a Chicago-area employee's requests to transfer stores, saying the company ultimately allowed her to transfer and that the refusals wouldn't have been a labor law violation anyway.
In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments regarding a union's attempt to revive its case seeking an order requiring an airline catering company to maintain wages during bargaining. Here's a look at that case and other labor and employment matters on deck in California.
This week the Second Circuit will consider a former accountant's lawsuit alleging her company unlawfully discriminated against her on the basis of her pregnancy by firing her after she returned from maternity leave. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
The Communications Workers of America filed unfair labor practice charges challenging the dating app company Grindr's mandate for employees to return to the office, which the union says was an act of anti-union retaliation that has forced nearly half the company's staff from their jobs.
Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.
Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.
Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.
Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.
Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.
In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.
With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.
Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.
With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.
The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.
A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.
The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.
Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.