Labor

  • 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.

  • June 13, 2022

    Microsoft, CWA Reach Labor Neutrality Pact For Activision

    Microsoft Corp. entered a neutrality agreement with the Communications Workers of America for workers at Activision Blizzard, which the tech giant is in the process of acquiring, the two parties announced Monday.

  • June 10, 2022

    NLRB Judge Says Home Depot's BLM Garb Ban Isn't Unlawful

    Home Depot USA Inc. did not unlawfully ban workers from displaying Black Lives Matter slogans on the job, a National Labor Relations Board judge said Friday, saying the displays are not protected because they aren't tied closely enough to workers' job conditions.

  • June 10, 2022

    NLRB's GC Angles To Expand Union Property Access

    The National Labor Relations Board's top prosecutor is pushing to give nonemployee union organizers greater access to employer property amid a broader effort to ease worker organizing and limit employers' power to stop it.

  • June 10, 2022

    Oil Co. Fights Class Certification Bid In Calif. Wage Suit

    An oil refining company asked a California federal judge to reject a former employee's bid for class certification in a case accusing the company of using illegal strategies to depress wages, arguing the lead plaintiff can't represent workers at refineries where he never worked.

  • June 10, 2022

    NY Forecast: Butcher Shop Worker's Bias Suit At 2nd Circ.

    In the coming week, the Second Circuit will consider a Buffalo butcher shop worker's lawsuit claiming she faced routine harassment on the job and was forced to resign after a co-worker used a racial slur to refer to her children. Here, Law360 looks at that case as well as other major labor and employment cases on the docket in the Empire State.

  • June 10, 2022

    NYC Teachers Want Judge Off Vax Case Due To Pfizer Stock

    Challengers to New York City's vaccine order want the federal judge overseeing their case disqualified, after discovering she held up to $100,000 in Pfizer stock in 2020.

  • June 10, 2022

    DC Judge Won't Undo Trusteeship Over Machinists Lodge

    A Washington, D.C., federal judge on Friday rejected a request from former officers of an International Association of Machinists unit to lift a trusteeship they claim the national union imposed in retaliation for opposing the general secretary-treasurer in an election.

  • June 10, 2022

    Post-Production Coordinators Vote For CWA Representation

    Post-production coordinators in New York employed by major TV and movie studios voted Thursday to be represented by the Communications Workers of America, becoming the first post-production coordinators in the state to win union representation.

  • June 10, 2022

    NLRB Urges 5th Circ. To Uphold Rejection Of Late Challenge

    The National Labor Relations Board urged the Fifth Circuit to enforce the agency's ruling that an energy company unlawfully fired a lineman, saying the company's attorneys did not provide a valid excuse for missing the deadline to challenge the holding.

  • June 10, 2022

    Calif. Forecast: 9th Circ. To Hear Arguments In UPS Bias Case

    In the coming week, attorneys should watch for oral arguments in the Ninth Circuit regarding a worker's attempt to undo a summary judgment win by UPS in a gender discrimination and retaliation case. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • June 09, 2022

    NLRB Official Tosses Union Petition For Oregon Dispensary

    A United Food and Commercial Workers local will not be able to represent workers at a Portland, Oregon, cannabis dispensary, a National Labor Relations Board official has ruled, finding the dispensary doesn't have enough local control over its operations to warrant unit representation by the local.

  • June 09, 2022

    Employers Face Dilemma Over Captive Audience Meetings

    The future of the legality of so-called captive audience meetings is uncertain, with policy changes looming at the National Labor Relations Board and shifts in state law, and experts say employers are split on how to navigate the evolving landscape.

  • June 09, 2022

    NLRB Official Rejects Amazon's Bid For Closed Hearing

    A National Labor Relations Board official denied Amazon's bid Thursday to have a closed hearing over the company's objections to a grassroots union's representation election win this spring, saying the e-commerce giant provided no compelling reasons to have a private proceeding.

  • June 09, 2022

    Local Carpenters Official Tried To Rig Vote, Union Says

    The Northwest Carpenters Union has accused its former organizing director of attempting to rig a contract ratification vote in a new lawsuit filed in Washington federal court, saying he submitted fake votes on behalf of members who hadn't voted.

  • June 09, 2022

    Air Force Contractor Says It Can Fight NLRB Order

    An Air Force contractor said it's allowed to challenge a National Labor Relations Board order requiring it to pay into a union-run benefit fund on behalf of hires from a unionized company, urging the D.C. Circuit to reject the board's argument that the contractor missed its chance to do so.

  • June 09, 2022

    DC Circ. Urged To Nix Order Busting Immigration Judge Union

    The National Association of Immigration Judges asked the D.C. Circuit in a petition late Wednesday to overturn the Federal Labor Relations Authority's 2020 decision that immigration judges cannot unionize, arguing that the FLRA's order violated its members' due process rights and protected liberty interest in joining a labor union.

  • June 09, 2022

    9th Circ. Rejects Calif. Health Aides' Dues Challenge

    California home care providers paid through Medicaid may not use anti-fraud provisions in the funding framework to recoup union dues, a Ninth Circuit panel said in the latest ruling rejecting efforts by state workers to claw back dues following the U.S. Supreme Court's Janus decision.

  • June 09, 2022

    NLRB Attys Lose Injunction Bid In Ariz. Starbucks Case

    An Arizona federal judge tossed an injunction request from National Labor Relations Board attorneys to reinstate three Starbucks workers in Phoenix after a hearing in the alleged union-busting case that captured national attention amid a mass organizing effort by Workers United.

  • June 08, 2022

    Air Marshal Union Accuses TSA of 'Despicable' Union Busting

    The head of the Federal Air Marshal Service's Philadelphia office is tampering with performance reviews and pressuring workers to put off necessary medical care in an illegal attempt to harass and suppress his unionized workforce, the Air Marshal Association alleged Wednesday.

  • June 08, 2022

    Wash. Judge Wants More Briefs In Union Suit Over Deductions

    A Washington federal judge needs more information before she can decide whether a dispute between a hospital network and its workers' unions over paycheck deductions belongs in state or federal court, asking the parties Wednesday to submit additional briefs on the subject.

  • June 08, 2022

    NLRB Won't Seek Feedback Before All Policy Shifts, Chair Says

    The chair of the National Labor Relations Board hinted during a Manhattan labor conference Wednesday that surprise precedent shifts may be in store in a departure from the more deliberate approach the board has taken under her watch to date.

Expert Analysis

  • High Court Union Case Could Impede Basic Access Rights

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    The little-noticed case of Cedar Point Nursery v. Hassid, to be argued before the U.S. Supreme Court Monday, challenges seemingly settled California law regulating labor organizers' right of access and threatens laws covering everything from fair housing to rent regulation to public accommodations, say Scott Cummings at UCLA and Nestor Davidson at Fordham University.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Employee Speech Considerations In The Age Of Remote Work

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    With the pandemic requiring most workforces to operate remotely, employees are increasingly voicing their opinions on social media, which presents unique challenges for companies investigating worker complaints and navigating free speech protections, say Noa Baddish and Elise Bloom at Proskauer.

  • Grocery 'Hero Pay' Mandates Are Unfair And Likely Illegal

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    Though recently passed ordinances mandating "hero pay" for certain grocery store workers in California and Washington are well-intentioned, they do not protect essential workers equally and are likely illegal, says Anthony Caso at Chapman University's Fowler School of Law.

  • Rulemaking Isn't The Answer To NLRB Policy Oscillation

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    Recent activity at the National Labor Relations Board, such as the Trump administration's failed attempt to end Obama-era representation-case procedure, has not slowed the policy pendulum and shows that opting for rulemaking over adjudication poses the risk of judicial backlash, say former NLRB Chairman Mark Gaston Pearce, now at the Georgetown Law Center, and Amanda Jaret at the United Food and Commercial Workers.

  • What Employers Should Consider As Union Legislation Looms

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    A new Democratic majority in Washington means the U.S. may soon see legislation akin to the Obama-era Employee Free Choice Act that never passed into law, so employers would do well to take a lesson from Canada about collective bargaining and highlight for policymakers how inconsistencies in the EFCA run contrary to trade union principles, say attorneys at Borden Ladner.

  • 6 Key Areas Of Compliance Change For NY Employers In 2021

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    New York's employers have begun the new year facing a spate of new compliance issues that can vary from region to region and cover time off, sick leave, the minimum wage, the fast-food industry and employability, as the state's employment laws become ever more employee-friendly, say attorneys at Morgan Lewis.

  • 5 Major Drug And Medical Device Developments In 2020

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    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • A Busy Year In Workplace Class Action Litigation Is Expected

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    2020 presented new challenges and revealed new trends in employment class action filings, settlements and certification, which are likely to impact corporate America this year as employers navigate the pandemic, filings work their way through the court system and the regulatory landscape shifts, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Right-Of-Recall Compliance Issues For Employers To Study

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    With many jurisdictions passing or considering laws that give employees the right to be recalled to jobs they lost during COVID-19, employers should focus on five compliance issues in dealing with right-of-recall statutes, as well as on five challenges going forward, say Adam Karr and Kelly Wood at O'Melveny.

  • Obama 2.0: What Employers Can Expect From Biden On Labor

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    Employers must begin to prepare for an atmosphere on labor issues that is vastly different from the past four years when the Biden administration begins its planned return to — and possible amplification of — the Obama-era promotion of unionization, strict enforcement of labor laws against employers and pro-union labor initiatives, says Daniel Johns at Cozen O'Connor.

  • Top 10 Employer Resolutions For 2021

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    As the new year begins, employers will need to plan for several paradigm shifts, including the potential for tougher independent contractor classification standards, state-level medical and recreational marijuana legalization, and federal and state changes to paid and unpaid leave, say Allegra Lawrence-Hardy and Linda Spencer at Lawrence & Bundy.

  • The Most-Read Employment Law360 Guests Of 2020

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    Issues related to the pandemic, including furloughs, worker face covering requirements, workplace temperature taking and whistleblower claims, were among the most-popular employment topics in articles written by Law360 guest experts this year.

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