Labor

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    Union Seeks To Force Kellanova To Arbitrate Wage Grievances

    The company formerly known as Kellogg Co. breached its union contract with a Bakery Confectionery Tobacco Workers & Grain Millers local by refusing to take two long-running wage grievances to arbitration, the union told a Michigan federal court Friday.

  • May 10, 2024

    6th Circ. Backs NLRB In Union Rep. Discipline Case

    A tape manufacturer's decision to punish two Michigan employees for not adequately cleaning their work areas was motivated by animus toward their actions as a union steward and a union committee member, the Sixth Circuit found, upholding a National Labor Relations Board ruling.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2024

    Tesla Illegally Imposed Tech Policy In Buffalo, NLRB GC Says

    National Labor Relations Board prosecutors accused Tesla of having an illegal policy to dissuade workers from unionizing at its Buffalo, New York, manufacturing plant, according to a copy of the complaint obtained by Law360 on Thursday, with agency prosecutors seeking a nationwide posting of workers' rights.

  • May 09, 2024

    NLRB Official Allows Union Vote For Joint Medical Employers

    A medical group and a Pacific Northwest healthcare system are joint employers, a National Labor Relations Board regional director concluded, greenlighting an election among medical providers to vote on representation by the Union of American Physicians and Dentists.

  • May 09, 2024

    Miami Ballet Can Unionize, NLRB Official Says

    Dancers in the Miami City Ballet can vote on representation by the American Guild of Musical Artists, a National Labor Relations Board official held, rejecting the ballet's claim that an existing labor contract forecloses the possibility of a union election.

  • May 09, 2024

    Labor Rights Murky As Gaza Protests Spill Into Work

    As protests over the Israel-Hamas war spill into the workplace, workers have accused their employers of suppressing their labor rights in a test of the National Labor Relations Act's nuanced protections for political advocacy.

  • May 09, 2024

    Amazon Must Provide Worker List In ALU Case

    A New York federal judge hearing a dispute over a leadership election at the Amazon Labor Union on Thursday ordered Amazon to turn over an employee mailing list to a neutral monitor, saying the information is necessary to notify members of the coming vote. 

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    Concrete Co. Illegally Toyed With Strikers, NLRB Judge Finds

    A New Jersey concrete manufacturer illegally told striking employees they could return to work only if they resigned from their Teamsters local, a National Labor Relations Board judge ruled, rejecting the company's argument that it shouldn't face a labor law violation because it rescinded the statement.

  • May 09, 2024

    NLRB Judge Finds 'Serious' ULPs At 2 Ohio Starbucks Stores

    Starbucks committed "serious and widespread unfair labor practices" at two stores in Cleveland where union organizing campaigns were underway, a National Labor Relations Board judge concluded, finding the coffee chain must read a notice to workers about their rights.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 08, 2024

    GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo

    A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.

  • May 08, 2024

    Employers Preparing For Post-Chevron World In NLRB Cases

    Employers contesting National Labor Relations Board decisions are preparing arguments in anticipation of looming U.S. Supreme Court rulings that could overhaul the deference administrative agencies receive from federal courts under a landmark doctrine known as Chevron deference, though experts say it's unclear how courts will handle the current uncertainty.

  • May 08, 2024

    Colo. Sheriff Fights State Law That Let His Deputies Unionize

    A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.

  • May 08, 2024

    Apple Illegally Retaliated Against Union Backer, CWA Says

    Apple violated federal labor law by denying a Communications Workers of America supporter's requests for leave at a New Jersey store, according to an unfair labor practice charge obtained by Law360 on Wednesday, ahead of a union representation election set to begin at the end of this week.

  • May 08, 2024

    Split NLRB Finds Starbucks Made Threat To Wis. Worker

    A Starbucks manager unlawfully threatened a worker while discussing a Workers United organizing campaign at a Wisconsin cafe, a divided National Labor Relations Board determined, with the board's lone Republican finding what the manager said didn't rise to the level of a threat or interrogation.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

  • May 08, 2024

    NLRB Says Amazon Was Wrongly Denied In-Person Hearing

    The National Labor Relations Board found an agency judge wrongly denied Amazon's request for an in-person hearing over an unfair labor practice complaint alleging the company illegally disciplined a worker, saying there weren't "compelling circumstances" to warrant a remote proceeding.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    DC Circ. Denies Hospital's Rehearing Bid Over 'Successor Bar'

    The D.C. Circuit rejected on Tuesday a Puerto Rico hospital's request for an en banc rehearing over the appeals court's decision to affirm the National Labor Relations Board's conclusions that the hospital illegally withdrew a union's recognition after becoming a successor employer. 

  • May 07, 2024

    Starbucks Wants NLRB Injunction Bid To Wait On High Court

    A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.

  • May 07, 2024

    NLRB Signals Appeal Of Joint Employer Rule Spat To 5th Circ.

    The National Labor Relations Board is fighting a Texas federal judge's decision striking down the board's 2023 joint employer rule, telling the court on Tuesday that the agency will appeal the ruling to the Fifth Circuit.

  • May 07, 2024

    Starbucks Can't End Investor Suit Over Union-Busting Stance

    A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.

Expert Analysis

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

  • 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.

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