Labor

  • June 15, 2022

    5th Circ. Says COVID Doesn't Exempt Cos. From WARN Notice

    The COVID-19 pandemic is not a "natural disaster" that employers can use as an exception to a federal law requiring businesses to give workers advance notice of mass layoffs, the Fifth Circuit determined Wednesday, in what may be the first such ruling by a federal appellate court.

  • June 15, 2022

    Revamped AFL-CIO Agenda Prioritizes Social Issues

    As AFL-CIO members gathered in Philadelphia this week to chart the federation's course in the coming years, local and national leaders sketched a clear vision of organized labor's future as young, diverse, queer-inclusive and green. 

  • June 15, 2022

    Unions, Freight Railroads Reach Deadlock In Bargaining

    Union Pacific, CSX, BNSF Railway and other freight railroad companies have reached a stalemate in negotiations with a dozen unions over a new labor contract at the National Mediation Board, and the unions said Wednesday they will likely reject the agency's offer to take the spat to arbitration.

  • June 15, 2022

    NY Courts End Mask Mandate For The Vaccinated

    New York state courts administrators announced Wednesday that they will end courthouse social distancing and their mask mandate effective Thursday for all who show proof of COVID-19 vaccination. Unvaccinated people may also remove their masks to speak in court.

  • June 15, 2022

    NJ Worker Says UFCW Health Fund Must Cover Wife's Surgery

    A union-represented employee of the Northeast grocery store chain Acme Markets sued the health care fund run by his United Food and Commercial Workers local in New Jersey federal court, saying an improper denial of coverage saddled his family with over half a million dollars in medical bills.

  • June 15, 2022

    Venable Adds Partner To NY Labor And Employment Practice

    Venable LLP added a partner in the labor and employment practice group in New York who said the firm's vibrant and growth-oriented environment pushed him to make the move.

  • June 15, 2022

    Prison Union Loses Grievance Over Scheduling, FLRA Rules

    An American Federation of Government Employees local representing workers at a Virginia federal prison cannot revive its grievance over the facility's unilateral elimination of a 30-minute unpaid lunch break, the Federal Labor Relations Authority said, finding an arbitrator was within his power to dismiss the dispute.

  • June 14, 2022

    Locker Manufacturer Fights NLRB Judge's Bargaining Order

    A locker manufacturer asked the National Labor Relations Board to reverse an agency judge's demand for it to bargain with a Teamsters local in a case accusing the company of interfering in a union's organizing campaign, saying the order "relies heavily on tainted evidence."

  • June 14, 2022

    Amazon Official Says Union Organizers Disrupted Meetings

    An Amazon human resources official on Tuesday detailed Amazon Labor Union organizers' "disruption" of meetings the company held to discuss its opposition to a unionization effort, the first live testimony presented at a National Labor Relations Board hearing in Amazon's bid to undo a landmark election at a New York warehouse.

  • June 14, 2022

    Union Wins Award Confirmation In NBC Job Duties Dispute

    The Directors Guild of America won confirmation Tuesday in New York federal court of an arbitrator's award that found NBC violated a collective bargaining agreement by assigning associate director responsibilities on its "Nightly News" program to nonunion employees.

  • June 14, 2022

    NLRB Official OKs Teamsters Union Vote For Port Drivers

    Port drivers at two California facilities previously owned by XPO Logistics can vote in a mail-ballot election starting this month after a National Labor Relations Board official ruled that the workers are employees under federal labor law and not independent contractors.

  • June 14, 2022

    AFL-CIO, Members Rebuff Criticism Of Organizing Goal

    After announcing a goal of adding 1 million union members over the next decade, the newly elected president of the AFL-CIO is already pushing back at criticism that this target is too modest for the 57-union federation.

  • June 14, 2022

    Walsh Defends DOL's Independent Contractor Approach

    U.S. Department of Labor Secretary Marty Walsh during a congressional hearing on Tuesday backed the agency's approach to tackling workers' misclassification as independent contractors and employees' freedom to join unions, while also addressing job recovery.

  • June 14, 2022

    Workers Can't Shield BLM Protest Talks From Whole Foods

    A National Labor Relations Board judge ruled that Whole Foods workers cannot seal their communications about Black Lives Matter protests at the grocery store chain, finding that redacting names in the documents is enough to protect the employees' privacy.

  • June 14, 2022

    Utility Workers Union Must Pay Former Affiliate $633K

    The Utility Workers Union of America must pay about $633,000 to a former local after a Pennsylvania federal judge ruled the ex-local was entitled to take certain assets when it split from the UWUA four years ago.

  • June 14, 2022

    Biden Meets With Union, Ports Employers As Talks Continue

    President Joe Biden joined leaders from the International Longshore and Warehouse Union and the Pacific Maritime Association in California to discuss their ongoing contract negotiations, the parties said Tuesday.

  • June 13, 2022

    NJ Casino Workers To Vote On Strike Amid Stalled Wage Fight

    New Jersey casino workers will cast their votes Wednesday on whether to walk out over contract negotiations that have reached a stalemate over wages, an Atlantic City-based labor union said Monday.

  • June 13, 2022

    Puerto Rico-Based Union Fights Machinists Audit Order

    A fast-moving legal fight over whether a Puerto Rico-based union must submit to an audit heated up over the weekend after two Machinists officials entered the union's office without the union's permission, according to a brief filed Monday by the union.

  • June 13, 2022

    Health Care Workers Union Wants Kaiser Strike Suit Tossed

    A health care workers union urged a California federal judge to end a suit lodged by two Kaiser Permanente affiliates over the union's one-day work stoppage in solidarity with a separate engineers union in November, arguing that the parties' collective bargaining agreements do not bar sympathy strikes.

  • June 13, 2022

    Union Can't Toss Amazon Election Challenges At NLRB Hearing

    A National Labor Relations Board official on Monday denied the Amazon Labor Union's bid to dismiss many of Amazon's objections to the results of a union representation election at a Staten Island facility, as a hearing kicks off in the e-commerce giant's bid to reverse the union's landmark win.

  • June 13, 2022

    A Rabbi At Bargaining? Attys Recall Unusual Negotiations

    A jack-o'-lantern, a rabbi and a near fistfight have been a part of shared experiences at the bargaining table as unions and employers hash out contracts. Here, attorneys from both the labor and management sides of the bar share with Law360 their wildest and most memorable stories during negotiations.

  • June 13, 2022

    New AFL-CIO Prez Aims To Boost Membership By 1 Million

    As union drives at Amazon and Starbucks shine a light on organized labor amid continued declines, the AFL-CIO's new leader has set an ambitious goal of adding a million members over the next decade.

  • June 13, 2022

    Judge Exits NYC Vaccine Case After Stock Complaints

    The federal judge overseeing a suit challenging New York's vaccine mandate for city workers has recused herself, after plaintiffs discovered she owned up to $100,000 in Pfizer Inc. stock.

  • June 13, 2022

    NLRB Reverses Order That Expanded Cable Workers Unit

    Field technicians and warehouse operations specialists at a Chicago-area phone and cable company can vote on unionizing with an International Brotherhood of Electrical Workers local, the National Labor Relations Board has ruled, reversing an agency official's finding that the proposed unit must also include other groups of employees.

  • June 13, 2022

    Ambulance Co. Must Provide Call Records, Split NLRB Says

    The National Labor Relations Board ordered an ambulance company to hand over information that a union requested about call volumes and response times, but one of the board's Republican members said in a dissent that the company adequately argued that some documents were confidential.

Expert Analysis

  • Justices' Cedar Point Ruling May Inspire More Takings Claims

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    The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

  • What High Court Union Access Ruling Means For Employers

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    In Cedar Point Nursery v. Hassid, the U.S. Supreme Court recently overturned a California law that required growers to grant union organizers access to their property, offering a new avenue of attack against such union invasions of an employer’s property, including those protected by other California statutes, say Keahn Morris and Mark Ross at Sheppard Mullin.

  • How Proposed Ill. Amendment Would Change Union Rights

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    This fall, Illinois voters will decide on a proposed collective bargaining amendment to the state constitution, which if enacted would significantly expand both public and private sector bargaining rights, raising questions about federal preemption, union security and more, say Jennifer Jones and Tanja Thompson at Littler. 

  • PRO Act Could Chill Attorney-Client Interactions

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    The proposed Protecting the Right to Organize Act threatens to discourage employers from seeking legal counsel by requiring them and their advisers to file public reports with the U.S. Department of Labor about even indirect contact with employees regarding union organizing or collective bargaining, say Shari Klevens and Sarah Phillips at Dentons.

  • DC Circ. Ruling Illustrates Bounds Of NLRB Authority

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    The D.C. Circuit’s recent remand of a National Labor Relations Board business restoration order in RAV Truck v. NLRB exemplifies limitations to the board’s remedial authority, while the court’s finding that adverse employment decisions violated federal labor law highlights what companies shouldn't do when union activity occurs, say Terry Potter and Tracey O'Brien at Husch Blackwell.

  • What CDC's New Mask Guidance Means For Employers

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    Following the Centers for Disease Control and Prevention’s recent assertion that people vaccinated for COVID-19 no longer need to wear masks, employers contemplating relaxed workplace policies should consider state and local rules, what percentage of their workforce is vaccinated, and factors unique to their physical setup, says Scott Allen at Foley & Lardner.

  • Justices Should Focus On Property Rights In Union Case

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    Questions from U.S. Supreme Court justices in the recent Cedar Point Nursery v. Hassid oral argument indicate that the court may be missing the real issue, and corresponding remedy, in the union access case — the constitutionality of uncompensated property taking, says Michael Berger at Manatt.

  • 3 Decisions A Biden NLRB Will Likely Overturn

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    When the National Labor Relations Board transitions to a Democratic majority under President Joe Biden, there will be strong opportunities to overturn pro-employer decisions concerning management rights, employee micro-units and the review standard for workplace policies, says Daniel Johns at Cozen O'Connor.

  • NLRB Memo Signals Expansion Of Workers' Protected Activity

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    Following the National Labor Relations Board’s recent memo on protected, concerted activity, employers can likely expect the general counsel’s office to push the boundaries of employee safeguards, including protections for certain social justice actions that would not normally be deemed related to working conditions, say Ashley Cano and John Phillips at Seyfarth.

  • NYC Fast Food Worker Protections May Portend 'At Will' Shift

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    Two new laws in New York City that eliminate fast food employers' discretion to discharge employees at will signify fundamental changes to the bedrock of U.S. employment law, and could foreshadow additional state and local restrictions on workforce management, say Harris Mufson and Julia Hollreiser at Proskauer.

  • Title IX Compliance Hasn't Changed — Yet

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    Despite perceptions of the dismantling of Trump-era Title IX policy, President Joe Biden's recent executive order on the topic does not actually change the regulation and sheds very little light on exactly how the administration intends to alter the rules to fit its agenda, say Lauren Tompkins and Sarah Moore at Fisher Phillips.

  • The Senate's Filibuster Rules Are Unconstitutional

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    The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

  • Labor And Employment Changes Ahead For Gov't Contractors

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    President Joe Biden's pro-employee promises, such as a $15 per hour minimum wage and support for union organizing, may be difficult to achieve legislatively, so he will likely impose policy changes on federal contractors using his powers under the Federal Property and Administrative Services Act, says Michael Schrier at Husch Blackwell.

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