Labor

  • April 09, 2024

    Carpenters Urge 9th Circ. To Restart Union Retirement Fight

    A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

  • April 09, 2024

    NLRB GC Refuses To Back Down Over Constitutional Rows

    National Labor Relations Board general counsel Jennifer Abruzzo hit back Tuesday at SpaceX, Amazon, Starbucks and other employers that have challenged the agency's constitutionality after it accused them of labor law violations, casting their arguments as attempts to slow board prosecutions and avoid obligations to workers.

  • April 09, 2024

    Hotel Owed Union Bargaining Over Renovation, DC Circ. Says

    A Hilton hotel in Alaska is on the hook for federal labor law violations after renovating rooms in a way that changed housekeepers' work conditions without sufficiently looping in the employees' union, the D.C. Circuit held Tuesday, enforcing a National Labor Relations Board decision.

  • April 09, 2024

    NLRB Election Petitions Jump 35% In 1st Half Of FY 2024

    Representation election petitions filed with the National Labor Relations Board rose by about 35% in the first half of the current fiscal year compared with fiscal year 2023, the agency announced Tuesday, attributing the boost to its Cemex decision, which increased the petitions filed by employers.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 09, 2024

    Distillery Gave Bourbon To Undercut Union, NLRB Judge Says

    A National Labor Relations Board judge ordered a Kentucky distillery to bargain with a Teamsters local after finding the distillery violated federal labor law by giving workers raises and free bourbon, among other job improvements, in trying to undermine support for an organizing campaign.

  • April 09, 2024

    PBGC Gets $127M Overpayment Back From Teamsters Fund

    The Pension Benefit Guaranty Corp. has recovered nearly $127 million mistakenly allotted to dead Teamsters pensioners in a bailout of multiemployer retirement plans approved during the pandemic, the federal government said.

  • April 08, 2024

    NLRB GC Urges Make-Whole Remedies For Illegal Work Rules

    The National Labor Relations Board's top prosecutor issued a memorandum Monday telling regional offices to seek make-whole remedies for workers "regardless of whether those employees are identified" in an unfair labor practice investigation involving illegal work rules or employment agreements.

  • April 08, 2024

    Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.

    An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling. 

  • April 08, 2024

    Marine Co. Beats Ex-Worker's Wage Row, For Now

    A civil marine contractor successfully convinced a California federal judge to toss an ex-worker's wage and hour proposed class action for lack of evidence, but the judge left the door open for the worker to refile the suit.

  • April 08, 2024

    8th Circ. Upholds NLRB's Broad Remedies Against Meat Co.

    The Eighth Circuit on Monday upheld a National Labor Relations Board decision finding a meat processor in Nebraska illegally bargained in bad faith with a United Food and Commercial Workers affiliate, backing the board's broad remedies order that included reimbursing the union for negotiating expenses.

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    3 Questions For California's Fast Food Council

    The California Fast Food Council has a mandate to reform the fast-food industry, and coming off its first meeting, employment law practitioners have questions about how it can improve upon the state's already robust regulations and whether it will be balanced. Here, Law360 explores three such questions for the council as it gets up and running.

  • April 08, 2024

    Cemex Case Puts Focus On Detail Of Recognition Demands

    The National Labor Relations Board's landmark decision in August that reworked the process for union representation elections has put more focus on unions' requests for voluntary recognition from employers, but experts said the changes have been more technical than drastic.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    GC Urges NLRB To Reverse Whole Foods BLM Gear Ruling

    Whole Foods should be found in violation of federal labor law for preventing workers from wearing Black Lives Matter apparel and buttons, National Labor Relations Board prosecutors contended Friday, saying an agency judge wrongly found the workers' adornment of the gear wasn't protected.

  • April 05, 2024

    NJ Smoking Law Violates Casino Workers' Rights, UAW Says

    A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.

  • April 05, 2024

    UAW Seeks Vote At Ala. Mercedes Plants, Cites Broad Support

    The United Auto Workers petitioned the National Labor Relations Board on Friday to hold a union representation election among more than 5,000 workers across two Mercedes plants in Alabama, the union's second petition targeting Southern car plants amid an organizing blitz.

  • April 05, 2024

    USW Says Arbitrator Right To Call For Meme Poster's Rehire

    The United Steelworkers have urged a Washington federal judge to enforce an arbitrator's order that Shell and its successor at a Washington refinery rehire a worker fired over an offensive meme, saying that the order jibes with a union contract and that the employers share liability for fulfilling it.

  • April 05, 2024

    DOL Joins DOJ's Artificial Intelligence Fairness Pledge

    The U.S. Department of Labor joined a U.S. Department of Justice pledge to enforce civil rights and related federal laws in the use of automated tools like artificial intelligence.

  • April 05, 2024

    LA Hotel Seeks Uniform Rule In High Court NLRB Appeal

    Hotel Bel-Air in Los Angeles implored the U.S. Supreme Court to review the Ninth Circuit's enforcement of a National Labor Relations Board decision ordering the rehire of more than 100 workers, telling the justices to create a uniform rule for evaluating evidence of anti-union bias.

  • April 05, 2024

    Calif. Cannabis Delivery Workers Vote To Authorize Strike

    California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.

Expert Analysis

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Does NLRA Preempt Suits Against Unions For Strike Damage?

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    The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

    Excerpt from Practical Guidance
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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

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