Labor

  • September 12, 2023

    Marathon Asks 9th Circ. To Ax Subcontracting Arbitration Row

    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.

  • September 12, 2023

    Union Must Face Kaiser's Sympathy Strike Claim In 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.

  • September 12, 2023

    NLRB Attys Invoke Cemex Ruling In Bargaining Order Row

    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.

  • September 12, 2023

    Whole Foods Workers Dismiss High Court Ruling In Pin Suit

    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.

  • September 12, 2023

    NLRB GC Fires Warning Shot Over Repayment, Noncompetes

    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.

  • September 12, 2023

    Calif. Senate Tees Up Autonomous Truck Ban For Newsom

    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.

  • September 12, 2023

    NLRB GC Says Amazon Confidentiality Pact Violated Law

    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.

  • September 12, 2023

    DC Circ. Won't Disturb NLRB Win In Ballot Signature Dispute

    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.

  • September 12, 2023

    Legal Aid Employees Walk Off Job Over Wages, Remote Work

    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.

  • September 12, 2023

    Union Wants Out Of Grocery Store Worker's Firing Suit

    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.

  • September 11, 2023

    DOL Asks Court To Scrap Transit Union Officer Election Tally

    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.

  • September 11, 2023

    Amazon Says Sensitive Data Leaked In Safety Probes

    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.

  • September 11, 2023

    Rubber Co. Asks 5th Circ. To Nix NLRB Worker Outburst Order

    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.

  • September 11, 2023

    NY Cos. Must Pay Fired Workers $85K, NLRB Judge Says

    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.

  • September 11, 2023

    Union Fund Trustees Fight Takeover Order In DOL-Filed Case

    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.

  • September 11, 2023

    USPS Illegally Prevented Worker Petitions, NLRB Judge Says

    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.

  • September 08, 2023

    NLRB Official Blocks Union Ouster Vote At Warrior Met Coal

    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.

  • September 08, 2023

    UPS Driver Says Teamsters Unit Illegally Ignored Grievances

    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.

  • September 08, 2023

    NLRB Official Seeks Pay Raises For Nurses At Colo. Hospital

    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.

  • September 08, 2023

    Religious Health Consortium Drops Union Fight At DC Circuit

    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.

  • September 08, 2023

    DC Circ. Ponders NLRB Remedy In Rite Aid Benefits Row

    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.

  • September 08, 2023

    Starbucks' Transfer Denials Were Legal, NLRB Judge Says

    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.

  • September 08, 2023

    Calif. Forecast: 9th Circ. Weighs Air Caterer Labor Dispute

    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.

  • September 08, 2023

    NY Forecast: 2nd Circ. Hears Args. In Pregnancy Bias Suit

    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.

  • September 07, 2023

    CWA Says Grindr's Return-To-Office Order Is Anti-Union

    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.

Expert Analysis

  • Labor Law Reform Is Needed For Unions To Succeed

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    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.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    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.

  • Eye On Compliance: Employee Biometric Data Privacy

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    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.

  • Examining Employer Best Practices For Reserved Gates

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    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.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    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.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    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.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    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.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    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.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    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.

  • What To Know About NLRB's Expanded Labor Remedies

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    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.

  • Top 10 Employer Resolutions For 2023

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    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.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    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.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    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.

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