Labor

  • May 27, 2022

    NLRB Wins Calif. Injunction Do-Over With ALJ's Backing

    A California federal judge on Friday granted the National Labor Relations Board an injunction forcing a Los Angeles restaurant to deal with a union, reversing course on an earlier rejection after an agency judge panned the company's pandemic-related excuses.

  • May 27, 2022

    NLRB Aims To Hold Hotel Exec In Contempt Over Misconduct

    The National Labor Relations Board urged a New Jersey federal judge Friday to extend recent sanctions against a shuttered hotel to one of its top executives, accusing him of scheming to subvert a union by feigning to leave the industry and reopen the business under a new name.

  • May 27, 2022

    OSHA, JBS Foods Cut Deal To Create Infectious-Disease Plan

    Four subsidiaries and affiliates of JBS Foods USA have agreed to develop and implement an infectious-disease preparedness plan at seven of its meat processing plants as part of a settlement with the U.S. Department of Labor, the DOL announced Friday.

  • May 27, 2022

    Post Foods Urges Court To Deny Workers Win In Wage Suit

    Post Foods was well within its rights to deny pay for preshift time workers spent changing into work uniforms and undergoing COVID-19 screenings, the company told a Michigan federal court.

  • May 27, 2022

    Union Says Labor Law Preempts Co.'s NLRB Settlement Suit

    An electrical workers union and a former employee urged an Illinois federal judge to toss a pharmaceutical company supplier's suit claiming they violated a settlement agreement by appealing the National Labor Relations Board's dismissal of the union's charge about the worker's termination.

  • May 27, 2022

    NY Forecast: Amazon Row With NY AG Hits 2nd Circ.

    In the coming week, the Second Circuit will hear arguments in Amazon's challenge to the New York attorney general's attempt to sue over the safety measures it took in response to the COVID-19 pandemic. Here, Law360 looks at that case as well as other major labor and employment cases on the docket in the Empire State.

  • May 27, 2022

    NYC Nonprofit Defends Standing In Suit Over Labor Peace Law

    A New York City nonprofit told a federal judge that it has standing to challenge and seek injunctive relief against a city law requiring contractors to cooperate with unions, arguing that the organization's members are harmed by the enforcement of the statute.

  • May 27, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen eBay sued over a soured acquisition, a hacked cryptocurrency company caught up in a data protection suit, and the Financial Conduct Authority launch a case against a wealth manager. Here, Law360 looks at these and other news claims in the U.K.

  • May 27, 2022

    Calif. Forecast: Ruling On Cleaning Workers' Status

    In the coming week, a California federal court is set to rule on whether Jan-Pro Franchising International misclassified cleaning workers as independent contractors, in a long-running suit that went to the Ninth Circuit. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • May 26, 2022

    Union Benefits Trust Hits Construction Co. With $1M Suit

    A benefits administrator for laborers unions accused a construction company in California federal court Thursday of failing to contribute nearly $1 million in benefit contributions for unionized employees.

  • May 26, 2022

    Judge Grants Bid For Union Recognition At Tank Cleaner

    An Illinois federal judge granted National Labor Relations Board prosecutors' request for a temporary injunction forcing an Oklahoma tank cleaning company to recognize a union and rehire two fired union supporters, issuing an order Thursday that comports with an NLRB judge's recent ruling in related board litigation. 

  • May 26, 2022

    Painters Union Says Construction Cos. Flouted Benefits Deal

    The guarantor of a settlement between a construction firm and a painters union is on the hook for a $135,000 bill for union members' benefits plan contributions after the construction firm abandoned its commitment to pay its own debts, according to a lawsuit filed in Missouri federal court.

  • May 26, 2022

    America's Test Kitchen Workers Form Union With CWA

    Employees at one of the nation's most popular cooking shows are pushing to unionize their kitchens, union officials announced Wednesday.

  • May 26, 2022

    AFL-CIO, NLRB Tell DC Circ. To Hurry On Election Rule Case

    The AFL-CIO and the National Labor Relations Board urged the D.C. Circuit on Thursday to quickly decide on the labor federation's opposition to the board's 2019 representation election rule revision that slows down the bargaining process by requiring employers' election challenges be resolved before vote certification occurs.

  • May 26, 2022

    Tesla Tells 5th Circ. Elon Musk's 'Innocent' Tweet Not A Threat

    Tesla told the Fifth Circuit that the NLRB mischaracterized Elon Musk's tweet as a threat during a United Auto Workers union drive four years ago, arguing that the board had no evidence to back up its claims that employees perceived the social media message as a warning.

  • May 26, 2022

    NLRB Judge Hits Co. For Firing Workers Who Saw Salary Data

    A financial planning company unlawfully fired two employees for asking for raises after finding salary data on a company computer, a National Labor Relations Board judge ruled, saying they came across the information accidentally and had a right to use it the way they did.

  • May 26, 2022

    Whole Foods Can't See Workers' Protest Talks, NLRB Told

    Whole Foods workers who claim they were unlawfully disciplined for wearing Black Lives Matter apparel on the job argued to a National Labor Relations Board judge to keep their communications organizing the protests secret in response to a company subpoena.

  • May 25, 2022

    Ex-Detroit Union Official Sentenced For Theft Of Funds

    A former Detroit Fire Fighters Association official has been sentenced to a year in federal prison for embezzling more than $200,000 in union funds, the U.S. Department of Justice announced Tuesday.

  • May 25, 2022

    Anheuser-Busch Beats Worker's Untimely Retaliation Claim

    An Anheuser-Busch worker was too late when she lodged a retaliation claim against the brewery and her union alleging she was adversely treated after filing for workers' compensation, an Ohio federal judge ruled Wednesday, dismissing the claim in its entirety.

  • May 25, 2022

    Southwest, Union Can't Avoid Trial In Retaliation Suit

    A Texas federal judge said Wednesday that he won't reconsider his decision to let a retaliation suit against Southwest Airlines Co. and its flight attendants' union go to trial, saying the airline's request that the judge rethink his ruling relied on a mischaracterization of his reasoning.

  • May 25, 2022

    NLRB Advice Division Says Co. Can't Keep Union Off Property

    A parking company is prohibited under federal labor law from preventing nonemployee union representatives onto its property, and a Teamsters local unlawfully demonstrated an unwillingness to bargain with a construction company, National Labor Relations Board attorneys said in advice memos released Wednesday.

  • May 25, 2022

    NEA Urges DOL To Enact Pay Rights For Teachers

    The National Education Association urged the U.S. Department of Labor on Wednesday to do away with a regulation excluding teachers from pay protections in an effort to address what the organization is calling a "five-alarm fire": the mass exodus of teachers from school districts.

  • May 25, 2022

    Microsoft Campus Bus Operator Must Give Financials To CWA

    A transportation company violated federal labor law by refusing to turn over financial information in its contract with Microsoft to a union, a National Labor Relations Board judge ruled, rejecting the company's argument that the information was irrelevant to bargaining. 

  • May 25, 2022

    NLRB Says Only Workers Can Revive Decertification Bid

    A logistics company can't renew a petition from its workers at a Tennessee warehouse to decertify the United Steelworkers as their bargaining representative, the National Labor Relations Board ruled, saying only employees have the power to request another petition to vote out the union.

  • May 24, 2022

    Labor Experts Say Captive Audience Ban Key For Free Speech

    An initiative by the National Labor Relations Board's top prosecutor to ban so-called captive audience meetings would be a step toward improving an imbalance in employee speech rights with their employers, labor advocates said Tuesday.

Expert Analysis

  • Employees' Input On ESG May Reduce Risks Of Unionization

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    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

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    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • Defeating Motions To Decertify FLSA Collective Actions

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    Matthew Helland at Nichols Kaster lays out plaintiff strategies that can help beat a defendant’s motion to decertify a Fair Labor Standards Act collective action and convince the judge that a case should be tried on a groupwide basis, highlighting key issues such as representative proof and varying circuit frameworks.

  • Why NLRB's Return To Joy Silk Would Offer Few Advantages

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    The National Labor Relations Board general counsel's recent push for the reinstatement of the Joy Silk doctrine — which forces employers to bargain with workers after the company has infringed on their organizing rights — appears to be a solution in search of a problem and would almost certainly lead to more litigation, says Peter Finch at Davis Wright.

  • Employer Lessons After Diverging Amazon Union Outcomes

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    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

  • BIPA Ruling May Limit Employer Liability Under Labor Law

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    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

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    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

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    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

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    In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.