Labor

  • March 14, 2024

    Union Ends Representation At Medieval Times After 2 Years

    The American Guild of Variety Artists has given up its role as the bargaining representative of Medieval Times workers, according to an announcement from Medieval Times Performers United, ending an organizing effort that began in California and New Jersey about two years ago.

  • March 14, 2024

    NLRB's Cemex Decision Could Impact Injunction Bids In Court

    The National Labor Relations Board's decision loosening the standard for ordering employers to bargain based on labor law violations is likely to change how courts weigh granting injunctions requested by agency prosecutors, experts said, though it remains to be seen whether that shift will lead to more or fewer injunctions.

  • March 14, 2024

    NLRB Certifies Dartmouth Men's Basketball Player Union

    Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.

  • March 14, 2024

    Ind. Nursing Home Nurses Get OK For Teamsters Vote

    A National Labor Relations Board official gave the green light to nurses at an Indiana nursing home to vote on representation by a Teamsters local, rejecting the facility's argument that the nurses are union-ineligible supervisors.

  • March 14, 2024

    Worker Fired Over Union Activity, Not Vax, NLRB Tells DC Circ.

    The D.C. Circuit should uphold a National Labor Relations Board decision finding a real estate management firm illegally fired a union supporter, the board argued, saying evidence doesn't back the company's claim that it lawfully terminated the worker because he hadn't been vaccinated against COVID-19.

  • March 13, 2024

    DOL Slacks On Enforcing Farm Labor Protections, Groups Say

    A group of farmworkers unions and nonprofits that advocate for farmworkers' interests have sued the U.S. Department of Labor in Washington, D.C., federal court, saying the agency hasn't been complying with a 1980 regulation designed to improve its enforcement of farmworkers' legal protections.

  • March 13, 2024

    NLRB Official Expands Bargaining Unit At Colo. Ski Resort

    Volunteer ski patrol workers must be included in a proposed bargaining unit at a Colorado ski resort, an NLRB official found Wednesday, siding with the employer's bid to broaden the unit in a representation election with the Communications Worker of America.

  • March 13, 2024

    FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.

    An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.

  • March 13, 2024

    'Roe v. Wade' Production Co. Ordered To Pay Actors

    A production company that worked on the 2020 film "Roe v. Wade" must pay SAG-AFTRA about $382,000 in a dispute over actors' salaries and benefits, a California federal judge ruled, confirming an arbitration award and granting the union's attorney fee request.

  • March 13, 2024

    NLRB Halts Union Election To Consider SEIU Intervention Bid

    A Service Employees International Union local won its request to pause an election in which workers would choose which of two other security officers' unions would represent them, with the National Labor Relations Board indicating it may consider shifting board precedent for union intervention in representation votes.

  • March 12, 2024

    Trader Joe's Made Illegal Threats Over Raises, NLRB GC Says

    Trader Joe's violated federal labor law by threatening workers at a Kentucky store with the elimination of raises over their potential backing for an independent union, according to National Labor Relations Board prosecutors' complaint obtained by Law360 on Tuesday.

  • March 12, 2024

    SEIU-Backed Calif. City Wage Ordinance Partially Axed

    Federal labor law doesn't preempt parts of a Service Employees International Union-backed ordinance increasing the hourly minimum wage to $25 for healthcare workers in a California city, a federal court ruled, while finding one section of the law could interfere with collective bargaining.

  • March 12, 2024

    Legal Aid Union Subpoenaed Over Israel-Hamas Resolution

    The chair of the House Education and Workforce Committee has subpoenaed a New York City-area union that represents legal aid attorneys, demanding that the union hand over documents related to the passage of a resolution supporting a ceasefire in the Israel-Hamas war.

  • March 12, 2024

    ERISA Preempts Part Of Ill. Law Amedment, Judge Rules

    The portion of an amendment to an Illinois law regulating temporary labor forces agencies to modify their Employee Retirement Income Security Act plans, a federal judge ruled, granting a group of staffing associations and agencies' bid for an injunction.

  • March 12, 2024

    Starbucks Union Breakthrough Doesn't Mean Easy Bargaining

    Starbucks and Workers United appear poised to begin bargaining in earnest after reaching a detente more than two years after the acrimonious organizing campaign kicked off, but the end of Starbucks' resistance to negotiating doesn't mean deals will follow soon.

  • March 12, 2024

    Unions Say China's Shipbuilding Boom Is Based On Unfair Trade

    The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.

  • March 12, 2024

    Davis Wright Adds 3rd MoFo Litigator This Month In Calif.

    Davis Wright Tremaine LLP has added its third litigator this month from Morrison Foerster LLP with the addition of an employment and labor partner in Los Angeles, the firm announced Tuesday.

  • March 12, 2024

    Union Dodges Privacy Invasion Claim In Ex-Worker's Bias Suit

    A transit workers union is not legally responsible for a union health plan employee's unauthorized disclosure of a former union staffer's HIV status, a Maryland federal judge ruled, slicing an invasion of privacy claim off the former employee's discrimination lawsuit against the union.

  • March 12, 2024

    SpaceX Jurisdiction Claims In Firing Row Nixed By Split NLRB

    SpaceX hasn't proven it is an air carrier exempt from the National Labor Relations Board's purview, a divided board panel determined, with the agency's sole Republican member saying he would refer the case to the National Mediation Board to review jurisdiction.

  • March 11, 2024

    Contractor Wants Mich. Judge To Rethink Agreement Order

    A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.

  • March 11, 2024

    'Ping-Pong Game' Continues Over NLRB Joint Employer Rule

    A Texas federal judge's decision late last week vacating the National Labor Relations Board's expanded joint employer test was a welcome development for employers and marks the latest step in a decadelong policy oscillation on when the board will consider two linked entities responsible for the same group of workers.

  • March 11, 2024

    Teamsters Can't Pause Discovery In $137M Fight With Yellow

    A Kansas federal judge shot down the Teamsters' request to pause the discovery process in a $137 million lawsuit accusing the union of holding up a necessary corporate restructuring at the now-bankrupt trucking company Yellow Corp., ordering the union to keep producing documents.

  • March 11, 2024

    Biden Proffers $320M NLRB Budget, 'Penalties For Employers'

    President Joe Biden proposed a bump in the National Labor Relations Board's budget to $320 million for the following fiscal year, the White House revealed Monday, presenting another potential increase for the board and "significantly increasing penalties for employers."

  • March 11, 2024

    Activision Workers Unionize With CWA After Neutrality Deal

    Microsoft recognized the Communications Workers of America as the representative of Activision quality assurance employees following a vote count, the union announced, highlighting the parties' agreement that the tech giant remain neutral during organizing campaigns.

  • March 09, 2024

    NLRB's Joint Employer Rule Struck Down By Texas Judge

    A Texas federal judge late Friday struck down a 2023 National Labor Relations Board rule that made it harder for employers to show they are not joint employers, restoring a Trump-era rule that eased the test. 

Expert Analysis

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • Conducting Employee Investigations That Hold Up In Court

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    A recent Maryland federal court decision, which held that Elite Protective Services failed to provide a worker under internal investigation with protections required by his collective bargaining agreement, highlights important steps employers should take to ensure the conclusions of internal reviews will withstand judicial scrutiny, say attorneys at Venable.

  • Memo Shows NLRB Intends To Protect Race Talk At Work

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    A newly released memo from the National Labor Relations Board advising that discussions of racism at work count as protected concerted activity should alert employers that worker retaliation claims may now face serious scrutiny not only from the U.S. Equal Employment Opportunity Commission, but also the NLRB, says Mark Fijman at Phelps Dunbar.

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

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