A Georgia manufacturer unlawfully refused to hire three workers who were organizers for a pipefitters union, a National Labor Relations Board judge ruled, in a case that could be a vehicle to make it harder for employers to defeat accusations of hiring discrimination against so-called union salts.
Shell Oil asked a Washington federal judge to toss the United Steelworkers' bid to enforce a rehire order for a worker fired after posting a meme that management deemed offensive, saying it's too early for court enforcement because back pay is still being worked out with the arbitrator.
In the coming week, attorneys should watch for the potential final approval of a $3 million settlement in a wage and hour class action by more than 1,000 medical interpreters. Here's a look at that case and other labor and employment matters coming up in the state.
The National Labor Relations Board tossed an Alaskan military contractor's allegations that a union used a benefits lawsuit to pressure the company to assign work to its members, saying the suit cannot be definitively attributed to the union because it was filed by a union benefits fund's trustees.
The Second Circuit this week will consider a Black former New York City transit police officer's lawsuit claiming he was discriminated against on the basis of his race when he was disciplined for overtime violations and eventually fired. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
This week's Off the Bench features Baylor University facing accountability, an NHL player put in the penalty box for sports betting and the NCAA striking out on stopping the NLRB's quest on behalf of college athletes. If you were sidelined this week, Law360 breaks down all the sports and betting stories that had our readers buzzing.
The National Labor Relations Board's revision Thursday to its test for deciding whether linked entities are joint employers under federal labor law represents a major shift from the rule it replaces and is bound to bring a bevy of legal challenges by business groups. Here, Law360 looks at these and other takeaways from the board's latest joint employer rule.
The Georgia Ports Authority supported its South Carolina counterpart Thursday by urging the U.S. Supreme Court to review a Fourth Circuit ruling allowing a dockworkers' union to sue shippers for using a partially nonunion state-run port, saying the ruling runs afoul of laws prohibiting so-called secondary boycotts.
Workers United can't intervene in National Labor Relations Board prosecutors' bid for a federal court injunction that would compel Starbucks to rehire about 33 workers in Seattle, a Washington federal judge ruled Thursday, holding that the prosecutors will adequately represent the union's interests.
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty asked a Philadelphia federal judge to order a third delay for his November embezzlement trial, arguing his counsel is buried under the case's "voluminous" discovery and starting on the scheduled date would deny him proper preparation.
UPS and a Teamsters local defeated a former package handler's suit claiming he was fired because he's Pacific Islander and asked for time off after he injured his knee, with a Florida federal judge ruling Thursday that he raised his allegations too late.
A New York City mental health care center violated federal labor law when it refused to execute a union contract because its board of directors didn't approve of the agreement, a National Labor Relations Board judge ruled, saying board approval wasn't a precondition for contract execution.
The Third Circuit on Thursday upheld the dismissal of a former brakeman's proposed collective action claiming Union Railroad Co. targeted older workers with "last chance" agreements to make them easier to get rid of, finding his allegations were too flimsy to stay in court.
The National Labor Relations Board issued a hotly anticipated rule Thursday making it easier for employees of franchisees and staffing agencies to show that the franchisor or user firm under which they serve is their joint employer and force them to the bargaining table.
The operator of a New Jersey rehabilitation center shouldn't face fines for the National Labor Relations Board's claims that the company didn't comply with a Third Circuit judgment, a federal magistrate judge recommended Wednesday, but she found that the operator should pay agency attorney fees.
Lead negotiators for the United Auto Workers reached a tentative agreement late Wednesday with Ford Motor Co. on a new labor contract that would end the six-week strike at one of Detroit's Big Three automakers if members vote to approve the deal.
A New Orleans bus driver and union leader who was fired after a verbal altercation with the New Orleans Regional Transit Authority's CEO lost her bid to revive her lawsuit challenging the termination, with the Fifth Circuit saying she failed to raise a key argument before the lower court.
A vote by hundreds of doctors to unionize with a Service Employees International Union affiliate highlights the recent trend of private-sector physicians turning to organized labor, with workers motivated by changes in the industry that have given them less control over patient care and concerns about work-life balance.
A printing workers union accused the International Brotherhood of Teamsters of switching up its stance about a merger agreement between them, telling a D.C. federal judge that the Teamsters can't lean on an arbitrator's decision to argue that the agreement is still active.
Starbucks Corp. has tapped a Williams & Connolly LLP partner, one of the country's leading appellate attorneys, to lead a Third Circuit appeal of the National Labor Relations Board's decision that the company illegally fired two Philadelphia baristas for attempting to form a union in their cafe.
A trio of former firefighters in Meriden, Connecticut, are not entitled to a recalculation of their pension benefits based on an arbitration award that was granted after their retirement, the justices of the Connecticut Supreme Court heard Wednesday.
Massachusetts ballot proposals addressing protections for ride-hail drivers and tipped workers move forward, New York joins the list of states with a salary transparency law, and California expands sick leave requirements. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.
Statements Starbucks made on a website designed to dissuade employees from unionizing violate federal labor law, a National Labor Relations Board judge has ruled in a decision that also found the company committed various unfair labor practices at a San Pablo, California, store.
A Washington state court commissioner granted a temporary hold on workplace safety records that Amazon wants to prevent the state's labor department from releasing to a Seattle daily newspaper that include employee complaints, warehouse inspection reports and documents related to four citations.
Unions and businesses have already started making strategy changes in the two months following a National Labor Relations Board decision that shook up the representation election process and lightened the standard for bargaining orders, but attorneys say the response to the ruling will continue to change over time.
In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.
Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.
Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.
Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.
A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.
The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.
The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.
The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.
California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.
The National Labor Relations Board's recent agreements with the Federal Trade Commission and the U.S. Department of Justice may herald increased interagency engagement on noncompete and no-poach issues, so companies that face scrutiny from one agency may well quickly be in the crosshairs of another, say attorneys at BakerHostetler.
While the six-game suspension a disciplinary officer recently ordered against Cleveland Browns quarterback Deshaun Watson aligns with labor law standards, the NFL has authority to increase the punishment with little to no recourse for Watson or the NFL Players Association — thanks to the 2016 “Deflategate” case, says Michael Elkins at MLE Law.
The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.
Given a new Connecticut law that allows employees to opt out of captive audience meetings where employers share religious or political opinions, companies will need to address the liability risks posed by this substantial expansion of employee free speech rights, say attorneys at Shipman & Goodwin.