Labor

  • June 08, 2022

    NLRB Rules USPS Illegally Denied Union Prez Full-Time Hours

    The U.S. Postal Service violated federal labor law by refusing to assign a mail carrier union local's president a full-time workweek, a National Labor Relations Board judge ruled, saying the employer denied her more hours because of her union activities.

  • June 07, 2022

    Ex-Teamsters Fight To Keep Challenge To Expulsion Alive

    Four former union members urged a California federal judge to preserve their legal challenge to Teamsters Local 572's decision to expel them, saying the union hasn't presented a compelling argument for dismissing the case.

  • June 07, 2022

    Workers Resist Starbucks Subpoenas In Ariz. Injunction Case

    Starbucks employees who are at the heart of a National Labor Relations Board injunction case in Arizona federal court over their reinstatement challenged the coffee giant's subpoenas seeking documents about their communications with Workers United, arguing the information is irrelevant.

  • June 07, 2022

    Pork Cos. Missed Shot To Join Union Regs Suit, 8th Circ. Says

    A Minnesota federal judge correctly barred a group of pork processors from intervening in the United Food and Commercial Workers' successful challenge to a Trump administration regulation that removed limits on production speeds at slaughterhouses, the Eighth Circuit ruled Tuesday.

  • June 07, 2022

    NLRB Says Prosecutors Can't Rescind Deal Over Union Firing

    The National Labor Relations Board dismissed the agency general counsel's attempt to reverse an administrative judge's approval of a private settlement between an International Brotherhood of Electrical Workers local and a former union employee over her termination, saying the agreement aligns with board precedent.

  • June 07, 2022

    Minor League Football Players Unionize With USW

    Players from the United States Football League have voted in favor of unionization with the United Steelworkers, the union said Tuesday.

  • June 07, 2022

    Biden Uses Trade Pact To Crack Down On Stellantis Plant

    The Biden administration is using the North American trade pact to scrutinize alleged labor violations for a fourth time, asking Mexico to probe whether an auto-parts facility owned by automobile maker Stellantis was trampling workers' organizing rights.

  • June 07, 2022

    Japanese Food Co. Wants High Court's Take On Union Speech

    A Japanese food distributor has taken its fight with the National Labor Relations Board to the U.S. Supreme Court, asking the justices to consider reversing the Ninth Circuit's decision that the company undermined a Teamsters-led organizing drive in violation of federal labor law.

  • June 07, 2022

    Ex-NFLers Tell 9th Circ. It's Not Too Late For Painkiller Suit

    A group of retired NFL players has asked the Ninth Circuit for a third shot at proving their allegations that the league failed to protect athletes from the widespread use of painkillers, saying a California district court wrongly concluded their injury claims are time-barred.

  • June 07, 2022

    Memphis Starbucks Workers Vote For Union After Firings

    Starbucks employees voted to unionize Tuesday at a store ensnared in a National Labor Relations Board case over the firings of workers known as the Memphis 7 that has gained national attention amid Workers United's organizing campaign for nearly 300 stores.

  • June 06, 2022

    Tribe Asks 9th Circ. To Revisit Arbitration Row With Union

    The Sycuan Band of the Kumeyaay Nation has urged the Ninth Circuit to rethink its ruling that an arbitrator must handle a dispute with a union seeking to represent the tribe's casino workers, saying it's up to federal courts to determine whether unions must follow the National Labor Relations Act in efforts to unionize tribal employees.

  • June 06, 2022

    Ex-Officer Says AFGE's Approach To Suit Shows Racial Bias

    The American Federation of Government Employees' first Black secretary-treasurer has accused the union of treating him different from two white union officers in litigation accusing the trio of misusing a mailing list during their campaigns, saying he was not offered a settlement like his former co-defendants.

  • June 06, 2022

    Union Fights Starbucks' Plan To Close First Unionized Shop

    Starbucks is planning to close its first unionized location after workers there went on strike over a safety issue, a move that Workers United is calling an escalation of an anti-union campaign and that the coffee chain is attributing to its inability to resolve the safety issue.

  • June 06, 2022

    Amazon Seized Union Flyers, Organizer Says At NLRB Trial

    An official with the union that won a March election at a New York Amazon warehouse testified Monday that company officials took union rights documents he passed out in a break room, kicking off a National Labor Relations Board trial over allegations that Amazon unlawfully responded to the union campaign.

  • June 06, 2022

    Starbucks Says Workers Were Fired For Defying Security Rules

    Starbucks told a Tennessee federal judge to deny NLRB prosecutors' bid for an injunction to reinstate a group of fired workers known as the Memphis 7, arguing that the company legally terminated the workers for violating its policies when they allowed members of the media to enter a store after-hours.

  • June 06, 2022

    NLRB Shouldn't Get Deference, Ex-Chairman Tells 5th Circ.

    Federal courts should not defer to the National Labor Relations Board in appeals because the agency is too inconsistent, the NLRB's former chairman told a Fifth Circuit panel Monday in arguments on a food supplier's bid to revive the Trump-era prosecutor's suit against two unions.

  • June 06, 2022

    United Airlines Escapes Workers' MLK Day Pay Suit

    An arbitration board did not exceed its jurisdiction when it found that United Airlines is not obligated to pay airline workers holiday pay on Martin Luther King Jr. Day, an Illinois federal judge ruled Monday, dismissing a union's challenge to the decision.

  • June 06, 2022

    NLRB Splits On Broad Remedies For Co. In Union Drive Spat

    The National Labor Relations Board bickered over expanded remedies such as giving a union access to workers' contact information and mailing notices to current employees and job applicants after finding that a metal company illegally fired workers for their union support during an organizing drive. 

  • June 06, 2022

    Rising Star: Stueve Siegel's Alexander Ricke

    Stueve Siegel Hanson LLP's Alexander Ricke has earned casino workers more than $45 million in total settlements and litigated numerous other cases concerning a range of wage and hour violations in the industry, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 03, 2022

    Unions Giving Labor Board GC Options For Joy Silk Revival

    A handful of unions are vying to provide the test case for the National Labor Relations Board general counsel's bid to revive a dormant doctrine making it easier for unions with majority support to force resistant employers to the bargaining table.

  • June 03, 2022

    Starbucks Denies Claims In NLRB's Buffalo Union Complaint

    Starbucks Corp. has formally denied allegations in a sprawling labor complaint that the National Labor Relations Board filed last month accusing the company of firing workers and interfering with a union campaign in Buffalo, New York, calling the claims "vague and ambiguous."

  • June 03, 2022

    Amazon Wants NLRB Atty DQ'd From Staten Island Hearing

    Amazon's challenge to a union's win at its Staten Island facility is heating up, with the company's latest bid to bar NLRB Regional Director Kathy Drew-King from having a field attorney represent her in its objection to the election, arguing that the same attorney already ruled against the e-commerce giant in Alabama.

  • June 03, 2022

    NLRB Attys, Locker Maker Say Judge Can't Call New Election

    National Labor Relations Board attorneys and a locker manufacturer told an Indiana federal judge Friday that the court doesn't have the power to order a new election in an injunction proceeding that agency prosecutors brought to make the company come to the bargaining table with a Teamsters local.

  • June 03, 2022

    Calif. Forecast: Ruling Expected In DA Bias Case

    In the coming week, attorneys should keep an eye out for a decision on motions in an age and gender discrimination case that five female prosecutors are bringing against a California district attorney's office. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • June 03, 2022

    NY Forecast: Housing Authority Race Bias Suit At 2nd Circ.

    In the coming week, the Second Circuit will hear arguments in a New York City Housing Authority worker's race discrimination suit accusing the authority and former city council speaker of forcing her out of her job so she could be replaced with a Latino employee instead. Here, Law360 looks at that case as well as other major labor and employment cases on the docket in the Empire State.

Expert Analysis

  • How Biden May Save Gig Workers From California's Prop 22

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    While it appears California's Proposition 22 could hinder President-elect Joe Biden’s plans to extend employment status to gig workers across the country, he still has several options for doing so, starting with moves toward defining interstate commerce in a way that results in preemption of state laws, says Ronald Zambrano at West Coast Employment Lawyers.

  • DOJ's 1st Wage-Fixing Indictment Is A Warning To Cos.

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    The U.S. Department of Justice's first-ever criminal indictment for a wage-fixing conspiracy is a reminder that companies should monitor for potential signs of anti-competitive agreements even during routine civil investigations, and that more enforcement actions could come, say attorneys at Axinn.

  • Getting Your Workforce Vaccinated Without Getting Sued

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    In hopes of avoiding litigation arising out of voluntary workplace vaccination programs, employers preparing for the COVID-19 vaccine might consider strategies including employee incentives, union contracts and special staff to oversee immunizations, says John Carrigan at Cozen O'Connor.

  • NLRB Memos Extend GC's Employer-Friendly Policy Spree

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    While three recent National Labor Relations Board general counsel advice memos favoring management wane in legal importance ahead of the upcoming administration change, they add to the GC’s unprecedented efforts to change labor law through letters and rulemaking, says Samuel Morris at Godwin Morris.

  • Courts Should Not Exempt Labor Law From US Constitution

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    The U.S. Supreme Court should lead the judiciary to apply the U.S. Constitution’s standards to labor-management relations with its upcoming union access opinion in Cedar Point Nursery v. Hassid, and by eventually addressing a key First Amendment issue currently before the National Labor Relations Board, says Anthony Sanders at the Institute for Justice.

  • What To Expect From Federal Agency Leadership Changes

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    Attorneys at Morgan Lewis discuss how quickly companies may see policy changes from new leadership at the U.S. Department of Treasury, U.S. Department of Justice, U.S. Department of Labor, U.S. Equal Employment Opportunity Commission and National Labor Relations Board after the Biden administration takes office.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Biden Independent Contractor Plan Sends Confusing Message

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    President-elect Joe Biden’s inconsistent campaign plan for independent contractors supports enforcement of existing laws against intentional worker misclassification while also proposing a challenging-to-meet federal classification standard modeled after California’s A.B. 5, says Richard Reibstein at Locke Lord.

  • The Many Ways Private Employee Speech Is Protected

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    Andrew Melzer and Whittney Barth at Sanford Heisler point out that while the First Amendment ordinarily does not apply to private workers, employers do not have free rein to curtail political speech and other forms of expression, and must remain mindful of the panoply of statutory and common law protections that apply to their workforces.

  • Exec Employment Considerations Under A Biden White House

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    Attorneys at Cozen O'Connor highlight steps corporate compensation committees and executives should consider to prepare for tax, liability and retirement savings changes that Joe Biden may introduce if he wins the presidential election.

  • Analyzing Private Vs. Public Worker Political Speech Rights

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    As Election Day approaches, Samuel Morris at Godwin Morris examines recent matters demonstrating employee political speech limitations, case law addressing private versus public worker rights, and how to discern between protected and unprotected remarks.

  • 6 Employment Considerations For M&A Deals Amid Pandemic

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    As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

  • How Private Employers Can Limit Political Discord At Work

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    Lindsay Hedrick and Victoria Bliss at Jones Day examine the restrictions private employers can implement to prevent political expression from negatively affecting the workplace while maintaining compliance with the National Labor Relations Act and state laws.

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