Labor

  • May 14, 2021

    CDC's About-Face On Masks Puts Employers In A Bind

    The Centers for Disease Control and Prevention said Thursday that people who are fully vaccinated against COVID-19 can sidestep most mask and physical distancing requirements, a position that experts say creates more questions than answers for employers looking to ease their pandemic safety rules.

  • May 14, 2021

    NLRB Election Rule Cut Workers' Rights, DC Circ. Hears

    A provision of the NLRB's 2019 election rule revision that would have frozen employers' bargaining duty while challenges to election decisions played out eroded workers' key labor law right, an AFL-CIO attorney said Friday in D.C. Circuit arguments over whether to keep this and other prongs of the rule on ice.

  • May 14, 2021

    Judge Says Union Bid To Enforce Settlement Out Of His Hands

    A Louisiana federal judge on Friday rejected a pipefitters union's request to enforce the $2,000 settlement of part of a decades-old racial discrimination suit, adopting a magistrate judge's recommendation that the court does not have jurisdiction over what amounts to a state law contract dispute.

  • May 14, 2021

    Verizon Wants Out Of Call Center Workers' Bias, Pension Suit

    Verizon urged a Manhattan federal judge Friday to throw out a swath of collective action and individual claims from two Black former customer service representatives, saying the plaintiffs waited five years to sue after they identified their race discrimination and pension interference claims.

  • May 14, 2021

    Med Clinic's Walkout Firings Were Illegal, NLRB Judge Says

    A medical clinic violated federal labor law by firing a nurse practitioner who confronted an office manager about her personality and by firing four medical assistants who walked out with the nurse practitioner following her firing, a National Labor Relations Board judge ruled.

  • May 14, 2021

    NLRB Official Sets First In-Person Union Vote In Months

    Workers at a California waste and recycling collection facility will vote in person on unionizing with a Teamsters local, marking the first time a National Labor Relations Board official has approved a manual election since the board issued rules for conducting votes during the COVID-19 pandemic.

  • May 14, 2021

    Shipbuilding Worker Wants Wage Suit Back In Calif. Court

    A proposed wage and hour class action against a General Dynamics shipbuilding unit should return to California state court because the wage claims revolve around state law and there is no federal preemption, a former worker argued in a federal court filing.

  • May 13, 2021

    Senators Spar Over Stimulus' $81.2B In Union Pension Aid

    The Senate Health, Education, Labor and Pensions Committee's first hearing on retirement in eight years saw lawmakers feuding Thursday over Democrats' use of the pandemic stimulus package to send $81.2 billion to indebted union pension plans and weighing whether 401(k) plans do enough to give Americans retirement security.

  • May 13, 2021

    Unions Organizing On Zoom Catch Employers By Surprise

    Videoconferencing platforms like Zoom have been useful for unions trying to organize swiftly and secretly, causing some employers and management-side attorneys to feel blindsided by recent petitions for representation elections, while some union-side experts sing the praises of virtual organizing.

  • May 13, 2021

    Contractor Calls Union Deal With NJ County Unconstitutional

    A project labor agreement between Camden County, New Jersey, and a construction trades council violates the constitutional rights of workers and businesses by forcing them to associate with unions in order to work on public projects, a New Jersey asphalt contractor alleged in federal court Thursday.

  • May 13, 2021

    Soccer League Says Union Talks Bar Teen's Age Limit Suit

    The National Women's Soccer League said Wednesday that a 15-year-old soccer prodigy can't use litigation to challenge the league's rule barring minors from signing with teams, telling an Oregon federal judge that court intervention would unlawfully intrude on an ongoing collective bargaining process.

  • May 13, 2021

    UAW Seeks To Revive Challenge To SPX Corp. Benefits Pivot

    The United Auto Workers urged the Fourth Circuit to revive a suit seeking to block HVAC supplier SPX Corp. from switching retirees' group health insurance to health reimbursement arrangements, saying the district court took too narrow a view of the union's power to sue on retirees' behalf.

  • May 13, 2021

    Grain Co. Cracked Down After Union Drive, NLRB Judge Says

    The operator of a Kentucky grain elevator violated federal labor law by requiring employees to clean the facility more often and dismissing one from a part-time job after workers started organizing with a union, a National Labor Relations Board administrative law judge has ruled.

  • May 13, 2021

    Trader Joe's Worker's Posts Were Fireable, NLRB Atty Says

    Trader Joe's did not violate federal labor law by firing a worker over social media posts criticizing customers for not shopping quickly enough during the COVID-19 pandemic, a National Labor Relations Board attorney said in one of four new advice memos released Thursday.

  • May 12, 2021

    Jenner & Block Partner Appointed To Monitor UAW Deal

    A Michigan federal judge on Wednesday granted the government's unopposed motion to appoint Jenner & Block LLP partner Neil Barofsky as an independent monitor to help carry out a consent decree that ended a sprawling probe into the United Auto Workers union.

  • May 12, 2021

    Biden NLRB Has Little Leeway On Contractor Status

    The recent withdrawal of the Trump-era independent contractor rule by the U.S. Department of Labor signals that this issue will remain a priority under President Joe Biden, but legal constraints mean the National Labor Relations Board has comparably little power to revise its worker classification test.

  • May 12, 2021

    MLS Says Player Must Return From Saudi Arabia Under CBA

    Major League Soccer filed a petition Wednesday asking a Manhattan federal judge to enforce its arbitration win against a former New York Red Bulls player whom it accused of abandoning his union-negotiated contract to play in Saudi Arabia's league.

  • May 12, 2021

    NLRB Says Acting GC Could Drop Case Against Teamsters

    A food distributor cannot challenge a National Labor Relations Board prosecutor's decision to drop litigation accusing two Teamsters locals of violating federal labor law, the board has ruled, saying the case was not so far along that the prosecutor did not have authority to withdraw it.

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 12, 2021

    NLRB Finds Halfway House Unlawfully Fired Union Supporters

    A Michigan halfway house violated federal labor law by terminating and interrogating union supporters, the National Labor Relations Board has ruled, rejecting the company's arguments that it had valid reasons to fire the workers and that its federal contract puts it outside the board's jurisdiction.

  • May 12, 2021

    Biden Launches Labor Trade Case Against Mexican GM Plant

    The Biden administration brought a new labor case under the U.S. trade deal with Mexico on Wednesday, calling on the Mexican government to investigate "irregularities" in a recent union vote at a General Motors Co. facility in the northern city of Silao.

  • May 11, 2021

    Employers Lean Toward Hybrid, In-Person Work Plans

    More than half of businesses whose employees are able to work remotely expect to go forward with a hybrid plan in which workers spend some time in the office and some time working from home, according to a new survey from Littler Mendelson PC.

  • May 11, 2021

    NLRB Judge Chides Amazon, Board Attys In Firing Case

    A National Labor Relations Board judge erupted at attorneys for Amazon and the worker the company is accused of firing for his role in protests against the company's COVID-19 safety policies, scolding them Tuesday for repeatedly asking pointless questions.

  • May 11, 2021

    Ex-UAW Prez Williams Gets 21 Months In Embezzlement Case

    Former United Auto Workers President Dennis Williams was sentenced to 21 months in prison Tuesday for accepting luxurious gifts paid for with union funds, part of a sprawling embezzlement scheme that led to more than a dozen convictions.

  • May 11, 2021

    Quaker Oats Fights Rehiring Worker Accused Of Racist Taunt

    Quaker Oats has asked an Illinois federal judge to reverse an arbitration award requiring it to rehire a worker accused of making a racist comment about former President Barack Obama, saying the arbitrator overstepped his authority and issued an order that violates public policy against racial discrimination.

Expert Analysis

  • Justices Should Focus On Property Rights In Union Case

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    Questions from U.S. Supreme Court justices in the recent Cedar Point Nursery v. Hassid oral argument indicate that the court may be missing the real issue, and corresponding remedy, in the union access case — the constitutionality of uncompensated property taking, says Michael Berger at Manatt.

  • 3 Decisions A Biden NLRB Will Likely Overturn

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    When the National Labor Relations Board transitions to a Democratic majority under President Joe Biden, there will be strong opportunities to overturn pro-employer decisions concerning management rights, employee micro-units and the review standard for workplace policies, says Daniel Johns at Cozen O'Connor.

  • NLRB Memo Signals Expansion Of Workers' Protected Activity

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    Following the National Labor Relations Board’s recent memo on protected, concerted activity, employers can likely expect the general counsel’s office to push the boundaries of employee safeguards, including protections for certain social justice actions that would not normally be deemed related to working conditions, say Ashley Cano and John Phillips at Seyfarth.

  • NYC Fast Food Worker Protections May Portend 'At Will' Shift

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    Two new laws in New York City that eliminate fast food employers' discretion to discharge employees at will signify fundamental changes to the bedrock of U.S. employment law, and could foreshadow additional state and local restrictions on workforce management, say Harris Mufson and Julia Hollreiser at Proskauer.

  • Title IX Compliance Hasn't Changed — Yet

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    Despite perceptions of the dismantling of Trump-era Title IX policy, President Joe Biden's recent executive order on the topic does not actually change the regulation and sheds very little light on exactly how the administration intends to alter the rules to fit its agenda, say Lauren Tompkins and Sarah Moore at Fisher Phillips.

  • The Senate's Filibuster Rules Are Unconstitutional

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    The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

  • Labor And Employment Changes Ahead For Gov't Contractors

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    President Joe Biden's pro-employee promises, such as a $15 per hour minimum wage and support for union organizing, may be difficult to achieve legislatively, so he will likely impose policy changes on federal contractors using his powers under the Federal Property and Administrative Services Act, says Michael Schrier at Husch Blackwell.

  • High Court Union Case Could Impede Basic Access Rights

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    The little-noticed case of Cedar Point Nursery v. Hassid, to be argued before the U.S. Supreme Court Monday, challenges seemingly settled California law regulating labor organizers' right of access and threatens laws covering everything from fair housing to rent regulation to public accommodations, say Scott Cummings at UCLA and Nestor Davidson at Fordham University.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Employee Speech Considerations In The Age Of Remote Work

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    With the pandemic requiring most workforces to operate remotely, employees are increasingly voicing their opinions on social media, which presents unique challenges for companies investigating worker complaints and navigating free speech protections, say Noa Baddish and Elise Bloom at Proskauer.

  • Grocery 'Hero Pay' Mandates Are Unfair And Likely Illegal

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    Though recently passed ordinances mandating "hero pay" for certain grocery store workers in California and Washington are well-intentioned, they do not protect essential workers equally and are likely illegal, says Anthony Caso at Chapman University's Fowler School of Law.

  • Rulemaking Isn't The Answer To NLRB Policy Oscillation

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    Recent activity at the National Labor Relations Board, such as the Trump administration's failed attempt to end Obama-era representation-case procedure, has not slowed the policy pendulum and shows that opting for rulemaking over adjudication poses the risk of judicial backlash, say former NLRB Chairman Mark Gaston Pearce, now at the Georgetown Law Center, and Amanda Jaret at the United Food and Commercial Workers.

  • What Employers Should Consider As Union Legislation Looms

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    A new Democratic majority in Washington means the U.S. may soon see legislation akin to the Obama-era Employee Free Choice Act that never passed into law, so employers would do well to take a lesson from Canada about collective bargaining and highlight for policymakers how inconsistencies in the EFCA run contrary to trade union principles, say attorneys at Borden Ladner.