Labor

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

  • May 15, 2024

    Walmart Illegally Barred Discipline Talk, NLRB Judge Says

    Walmart illegally forbade a worker in Louisiana from talking about his discipline with other colleagues, a National Labor Relations Board judge ruled Wednesday, telling the company to stop threatening employees who may discuss disciplinary meetings.

  • May 15, 2024

    Teamsters Defend Rehire Order In Dispute With Welch's

    A Welch's factory employee who was fired after being falsely accused of sexual harassment five years ago has waited long enough to be rehired, a Teamsters local argued in Pennsylvania federal court, urging a district judge to uphold an arbitrator's reinstatement order in accordance with a magistrate judge's recommendation.

  • May 15, 2024

    NLRB Attys Fight Union Sanctions In Strike Replacement Case

    A U.S. Department of Justice attorney urged the Seventh Circuit on Wednesday to reject a union's bid to sanction National Labor Relations Board attorneys in a case over labor law violations at a quarry, saying the contention that the union waived a key argument doesn't warrant such an "extreme measure."

  • May 15, 2024

    Barge Co. Seeks To Block 'Hot Cargo' Union Arbitration

    A barge company urged an Alaska federal judge to stop International Longshore and Warehouse Union local affiliates from arbitrating over a work preservation dispute, telling the court that a prior arbitration award established an agreement that makes the company hire union members.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Factory Specifics Will Be Key In UAW-VW Bargaining

    While the United Auto Workers' recent contracts with Detroit automakers were key to organizing Volkswagen's Tennessee plant and securing a landmark election victory last month, experts said unique factors at Volkswagen will give the upcoming talks their own character. 

  • May 14, 2024

    Co. Illegally Placed Manure Near Union Picket, NLRB Says

    The National Labor Relations Board concluded Tuesday that an Illinois concrete producer violated federal labor law by putting manure near an area where an International Union of Operating Engineers local was picketing, granting agency attorneys' motion for default judgment.

  • May 14, 2024

    Colo. Org Lacks Standing In Access Law Row, Judge Says

    The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.

  • May 14, 2024

    Healthcare Labor Activity Reaches Historic Healthcare Union

    Surging union activity in the healthcare industry has reached a new front: employees of the nation's largest healthcare union.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

  • May 14, 2024

    NLRB Official OKs UFCW Vote At Calif. Planned Parenthood

    A group of Planned Parenthood workers at six facilities in Southern California may vote on whether they want a United Food and Commercial Workers affiliate to represent them, a National Labor Relations Board regional director determined, tossing the reproductive health care provider's arguments for a larger bargaining unit.

  • May 13, 2024

    NLRB Official Lets SoCal Nurses Vote On SEIU Representation

    Twelve registered nurses at a Southern California hospital are free to vote on representation by a Service Employees International Union local later this month, a National Labor Relations Board official has held, rejecting the hospital's claim that the nurses are union-ineligible supervisors.

  • May 13, 2024

    Amazon Can't Duck Order To ID Workers For Union Election

    A New York federal judge ordered Amazon on Monday to immediately turn over workers' contact information to a monitor overseeing a vote to elect the Amazon Labor Union's first officers, rejecting the company's request that she reconsider a May 9 decision.

  • May 13, 2024

    Workers At New Jersey Apple Store Vote Down Union

    Workers at an Apple Store in New Jersey voted against being represented by the Communications Workers of America as the union accused the company of using an "anti-union playbook" to sink the unionization effort.

  • May 13, 2024

    Imaging Co. Flouted Deal By Not Rehiring Worker, NLRB Says

    A medical imaging facility in the Los Angeles area wrongly laid off a union-represented worker in 2019, promised to reinstate her and then never did, the National Labor Relations Board found, ordering the facility to rehire the worker after five years.

  • May 13, 2024

    Starbucks Cracked Down On Union Gear, NLRB Judge Says

    Starbucks violated federal labor law by barring workers at a New York store from wearing union shirts on the job, a National Labor Relations Board judge ruled, saying the company allowed workers to wear shirts with logos supporting other causes.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 10, 2024

    Starbucks Fired Worker Over Early Closure, NLRB Judge Says

    Starbucks unlawfully fired a worker who closed a store early in protest of staffing issues, a National Labor Relations Board judge held Friday, saying the action was a protected strike and that the worker did not lose the protection of federal labor law during heated conversations with managers.

  • May 10, 2024

    American Airlines Worker Fights To Keep OT Suit Alive

    An American Airlines employee is trying again on a claim that the company owes him overtime pay under the Fair Labor Standards Act, telling an Arizona federal judge Friday that the latest version of his complaint shows he's covered by the FLSA, not the Railway Labor Act. 

  • May 10, 2024

    Construction Co. Shakes Black Ex-Worker's Bias Suit

    A Washington federal judge granted a win Friday to a construction company in a Black ex-worker's lawsuit, saying he failed to show he was forced to quit because he complained about his manager's racist comments and not because of the 18 safety warnings he received.

Expert Analysis

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

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