Labor

  • October 03, 2024

    2nd Circ. Reverses Unsealing Of Janitor's Arbitration Award

    A Second Circuit panel ruled that a $57,100 arbitration award in a misclassification suit against a cleaning company must remain confidential, flipping a Connecticut federal court's decision unsealing the award and declining to dismiss the case.

  • October 03, 2024

    Sens. Question If Payouts Taint Execs' Push For US Steel Deal

    Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.

  • October 03, 2024

    San Francisco Amazon Workers Demand Union Recognition

    Employees of an Amazon warehouse in San Francisco have demanded that the company recognize the Teamsters as their bargaining representative, becoming the second group of Amazon workers to send a union recognition demand in two weeks.

  • October 03, 2024

    NLRB Backs Off Nationwide Injunction Bid Against Starbucks

    The National Labor Relations Board and Starbucks ended litigation in a Colorado federal court of agency prosecutors' request for a nationwide injunction to stop the coffee chain from firing workers for their union activities.

  • October 02, 2024

    Schultz's Words To Starbucks Barista Are Illegal, NLRB Says

    Starbucks broke federal labor law when former CEO Howard Schultz told a pro-union worker they could "go work for another company" if they weren't happy at the coffee chain, the National Labor Relations Board concluded Wednesday, finding Schultz's "generic assurances against retaliation" didn't let the company off the hook.

  • October 02, 2024

    Cannabis Co. Worker Seeks To Decertify Union In NJ

    A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.

  • October 02, 2024

    Texas NLRB Constitutional Case Transferred, Kept By Judge

    A case by a medical center challenging the constitutionality of the National Labor Relations Board will be transferred from one Texas federal court division to another, but the judge, who previously granted an injunction against board proceedings, will retain the case on his docket.

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Auto Parts Co. Tells 6th Circ. NLRB Judge Is 'Unaccountable'

    An auto parts manufacturer urged the Sixth Circuit to halt National Labor Relations Board proceedings against the company before an "unaccountable" agency judge, arguing the employer would face harm because the administrative judge is unconstitutionally shielded from removal by the president.

  • October 02, 2024

    ExxonMobil Unit Cleared In Union Labor Dispute

    An ExxonMobil unit did not assign union-represented employees' work to nonunion interns at a Louisiana refinery and chemical plant, a National Labor Relations Board judge ruled, saying the case record lacks proof that the interns assumed the tasks of the plant's United Steelworkers-represented workers.

  • October 01, 2024

    What To Watch As East Coast Ports Strike Roils Supply Chain

    The first major strike in 47 years of thousands of dockworkers on the East and Gulf coasts has left importers and exporters bracing for unpredictable and costly disruptions alongside economic upheaval not felt since the thick of the COVID-19 pandemic, experts say.

  • October 01, 2024

    Amazon Jointly Employs Drivers In Calif., NLRB Attys Say

    Amazon is a joint employer of its contractor's drivers, according to a copy of a consolidated complaint from National Labor Relations Board attorneys obtained by Law360 on Tuesday, alleging the e-commerce giant is on the hook for multiple unfair labor practices.

  • October 01, 2024

    Contractor OK To Snub Organizer, Wrong To Ax Union Member

    A Tennessee mechanical contractor violated federal labor law when it fired an employee after he joined a union, but not when it refused to hire a pipefitter who did union organizing work, a National Labor Relations Board judge has ruled.

  • October 01, 2024

    Union Has Leverage As East Coast Ports Strike Kicks Off

    Workers at ports across the East and Gulf coasts of the U.S. walked off the job Tuesday in the first strike the International Longshoremen's Association has launched since 1977, and experts said the dispute could be protracted as workers pursue pay bumps like other unions have recently secured.

  • October 01, 2024

    Starbucks Investor Suit Seems 'Premature,' Court Official Says

    A Washington appellate commissioner gave Starbucks another chance to end a shareholder suit accusing the company's leadership of turning a blind eye to union-busting by managers, saying the lawsuit appears "premature" since it mostly relies on unfair labor practice complaints that are still pending.

  • October 01, 2024

    NLRB Passes On Misclassification, Instatement Issues

    The National Labor Relations Board stood pat on precedent in upholding a ruling that a sprinkler installer illegally fired two union backers, declining to treat independent contractor misclassification as a labor violation or issue a novel remedy making the company replace the workers with qualified hires of a union's choosing.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    Starbucks Threatened To Ax Free Tuition, NLRB Judge Says

    Starbucks told workers in Bellingham, Washington, they would lose access to tuition-free online classes at Arizona State University and potentially higher wages if they unionized, a National Labor Relations Board judge ruled, ordering the company to stop threatening to rescind employees' benefits if they organize.

  • October 01, 2024

    NLRB Attys Press For Dartmouth Basketball Bargaining Order

    The National Labor Relations Board should order Dartmouth College to bargain with its unionized men's basketball team, board prosecutors told the NLRB, arguing that the college's refusal to do so broke federal law.

  • October 01, 2024

    Brooklyn Hotel Bucked Order By Ousting Union, NLRB Says

    A hotel operator in Brooklyn, New York, violated federal labor law and an NLRB order by withdrawing recognition of its employees' union less than a year after a determination that it bargained in bad faith, the board ruled, ordering the company to resume working with the union.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • September 30, 2024

    Calif. Becomes Latest To Ban 'Captive Audience' Meetings

    California has become the 10th state to ban so-called captive audience meetings, with Gov. Gavin Newsom signing a union-backed bill that bars employers from making workers attend meetings on religious or political matters, such as forming a union.

  • September 30, 2024

    UNITE HERE Calls For Contempt Order Against Calif. Tribe

    A Native American tribe in California hasn't followed a district court's order compelling arbitration about a representation process with a card check procedure at a casino, UNITE HERE argued, seeking an order to hold the tribe in contempt.

  • September 30, 2024

    NLRB Defends Constitutionality Against NJ Nursing Home

    A nursing home doesn't deserve an injunction blocking the National Labor Relations Board from prosecuting its alleged failure to bargain with a union, the board told a New Jersey federal court, saying the home's challenge to its constitutionality doesn't hold water.

  • September 30, 2024

    NLRB Declines To Reverse Religious School Precedent

    The National Labor Relations Board declined on Monday board prosecutors' request to revisit a Trump-era rule for determining when the board can decide cases involving religious schools, upholding an agency judge's decision dismissing unfair labor practice allegations against a Florida Catholic university.

Expert Analysis

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

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