Labor

  • September 20, 2024

    H-2A Wage Rule Blocked In La. For Sugarcane Farms

    A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.

  • September 20, 2024

    NLRB Member Flags Pro-Union Supervisor Remarks Standard

    The National Labor Relations Board on Friday rejected a grocer's challenge to a Teamsters local's victory in a union representation election, though a Republican board member said the case highlighted his concerns about how the board evaluates the legality of pro-union statements made by supervisors.

  • September 20, 2024

    Conn. Court Axes Estate's Benefit Bid For Deceased Fire Chief

    The estate of Waterbury, Connecticut's union-represented fire chief cannot collect any remaining workers' compensation benefits owed to him after his 1993 heart attack, a state appeals court ruled Friday, saying that under a city law, the late fire chief's pension had adequately compensated him.

  • September 20, 2024

    Starbucks Can't Trash Union Pins At Seattle Cafe, NLRB Says

    Starbucks must rescind a rule barring the distribution of union materials at a Seattle cafe, the National Labor Relations Board determined, backing an agency judge's conclusions that the coffee giant violated federal labor law by telling workers not to share these items and throwing union pins away.

  • September 20, 2024

    NY Forecast: 2nd Circ. Hears Unsealed Arbitration Award Row

    This week the Second Circuit will consider a janitorial company's challenge to a lower court order that allowed an arbitration award in a dispute over what a janitor alleged was the company's misclassification of janitors as independent contractors to become public. Here, Law360 explores this and another employment case on the docket in New York.

  • September 20, 2024

    NY Phil Can Sideline Musician Accused Of Rape, It Tells Court

    A New York Philharmonic trumpeter accused of raping his colleague and an oboist accused of handing the woman a spiked drink can't prove that the orchestra sidelining them violated an arbitrator's ruling, the orchestra and the musicians' union told a New York federal judge, asking him to toss the musicians' suits.

  • September 20, 2024

    Texas Hospital Fights Constitutionality Of NLRB's Structure

    A medical center in Austin, Texas, became the latest employer to lodge a constitutional challenge against the National Labor Relations Board, alleging in federal court that the hospital's constitutional rights would be violated if an unfair labor practice proceeding against it continues.

  • September 19, 2024

    Transit Union, Worker Reach $350K Deal To End OT Claim

    A Maryland federal court approved a $350,000 settlement between an Amalgamated Transit Union affiliate and a former union employee, resolving the worker's overtime claim under the Fair Labor Standards Act.

  • September 19, 2024

    6th Circ. Upholds NLRB's Severance Order Against Hospital

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.

  • September 19, 2024

    NLRB Orders Hospital To Give Union Nurses 4 Denied Raises

    A Colorado hospital illegally excluded its recently unionized nurses from four rounds of wage and benefit increases, the National Labor Relations Board ruled, upholding an agency judge's decision and ordering the hospital to fork over the withheld upgrades.

  • September 19, 2024

    Gas Co.'s Raise Snub Was Union-Linked, NLRB Majority Says

    A gas supplier violated federal labor law when it withheld raises from a group of pro-union workers in Southern California, the National Labor Relations Board ruled, upholding an agency judge's decision over one board member's objections.

  • September 19, 2024

    3rd Circ. Curious When Workplace Acts Become 'Concerted'

    Third Circuit judges pressed the National Labor Relations Board on Thursday to specify what elevated a Pennsylvania plastic company employee's complaints about working during COVID-19 closures into protected, "concerted" activities, if there was little evidence that other employees joined him in his concerns.

  • September 19, 2024

    Airline Sinks Bias Suit From Worker Fired Over Drug Test

    A Pennsylvania federal judge tossed a race and disability bias suit from an American Airlines worker who said she was fired over a positive drug test triggered by her ADHD medication, ruling she hadn't presented evidence that bias drove the decision to let her go.

  • September 19, 2024

    Starbucks Illegally Subpoenaed Union Info, NLRB Judge Says

    Starbucks violated federal labor law by issuing subpoenas seeking communications between workers and the union linked to an organizing effort at a Long Island store, a National Labor Relations Board judge ruled, saying the company asked for information that wasn't relevant to an injunction case.

  • September 19, 2024

    Teamsters Unit Escapes Hospital Worker's Wage Suit

    A Massachusetts federal judge tossed a hospital worker's claims that a Teamsters unit failed to properly represent her when she didn't receive as big a pay bump under a new collective bargaining agreement as expected, saying the union showed it did what it could to advocate for her.

  • September 18, 2024

    NLRB New York Office Seeks Bargaining Order At Trader Joe's

    Prosecutors from the National Labor Relations Board's New York City office have issued a complaint against Trader Joe's, seeking a board order that would compel the grocery store chain to bargain with a union that narrowly lost its representation election at a lower Manhattan store.

  • September 18, 2024

    Teamsters Won't Endorse Candidate In 2024 Election

    The International Brotherhood of Teamsters announced Wednesday it will not endorse a candidate in the upcoming presidential election, citing its polling of members and a lack of commitment from major party candidates on issues key to the union. 

  • September 18, 2024

    3rd Circ. Digs Into NLRB's Power To Punish Starbucks

    A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.

  • September 18, 2024

    Ex-Employees Can Bring ADA Benefits Suits, High Court Told

    A retired Florida firefighter called on the U.S. Supreme Court to find that former employees can bring claims under the Americans with Disabilities Act pertaining to post-employment benefits, challenging an Eleventh Circuit ruling that determined only current employees can file these disability bias suits.

  • September 18, 2024

    Va. Trucking Co. Must Bargain With Union, NLRB Says

    The National Labor Relations Board ordered a Virginia trucking company to bargain with the union whose organizing drive was sabotaged through threats and intimidation from the company, saying an affirmative bargaining order is warranted because most workers supported the union before the company's unlawful anti-union campaign.

  • September 18, 2024

    Chicago Slams Airline Group's Suit Against Sick Leave Law

    Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.

  • September 18, 2024

    Worker Drops Suit Alleging Retaliation For Discussing Wages

    A former employee of a company that designs and manufactures radiation detection devices dropped his suit accusing the company of firing him in retaliation for discussing wages with his colleagues, according to a filing in Connecticut state court.

  • September 17, 2024

    EV Maker Lucid Illegally Fired Union Backers, Judge Finds

    An Arizona federal judge has granted a National Labor Relations Board official's petition for an injunction against electric vehicle manufacturer Lucid Motors, ordering the company to rehire two workers who were fired amid a United Auto Workers organizing campaign and to take other actions to remedy unfair labor practices.

  • September 17, 2024

    UAW Says Stellantis Reneging On Deal To Reopen Ill. Plant

    Automaker Stellantis is failing to live up to a promise it made in its last contract with the United Auto Workers to reopen an idled plant in Illinois, the union said Monday.

  • September 17, 2024

    Another Texas Judge Halts NLRB Case Over Constitutionality

    A Texas federal judge granted an injunction Monday to halt administrative proceedings at the National Labor Relations Board filed by a social services search engine, finding that the employer was likely to succeed on the merits of its argument that agency judges are unconstitutionally shielded from removal by the U.S. president.

Expert Analysis

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.