Labor

  • April 18, 2024

    NLRB GC's Cemex Order Bid Bars Vote, Agency Official Says

    A National Labor Relations Board official in Washington state tossed an election petition from an International Brotherhood of Electrical Workers local at a dishwasher maintenance company, saying agency prosecutors' request for a Cemex bargaining order prevents the vote from proceeding.

  • April 18, 2024

    Kellogg Beats ERISA Suit Over Use Of Outdated Data

    A Michigan federal judge tossed litigation accusing Kellogg of shortchanging married retirees by relying on outdated life expectancies and interest rates when calculating their pension payments, agreeing with the company that the Employee Retirement Income Security Act doesn't require the data used to be reasonable.

  • April 17, 2024

    NLRB Judge Told Of College Hoopsters' Hotel Curfew Guard

    A Stanford University runner testified on Wednesday for the National Labor Relations Board that some student-athletes should be considered employees due to the control programs exert over them, and that a time he encountered a hotel curfew guard for a Division I basketball team highlights how tight that control can be.

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    Biden Admin Probes Chinese Shipbuilders For Unfair Trade

    The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.

  • April 17, 2024

    Starbucks Threatened Unionizing Hawaii Baristas, NLRB Says

    Starbucks violated federal labor law when it told workers at a Hawaii cafe that they could miss out on a raise and lose the ability to pick up shifts at other stores if they unionized, the National Labor Relations Board held Wednesday, upholding an agency judge's ruling.

  • April 17, 2024

    Amazon Urges NLRB To Reopen Challenge To Union Win

    Amazon asked the National Labor Relations Board to reopen the record in its challenge to a union's representation election win at a Staten Island warehouse, arguing it was prevented from introducing evidence from a recent documentary bolstering its claim that union misconduct tainted the election.

  • April 17, 2024

    2nd Circ. Reopens NLRB Enforcement Row Against Radio Co.

    The Second Circuit will review the National Labor Relations Board's allegations that a radio station operator violated a court's consent judgment enforcing a board decision, with the appeals court appointing a special master to oversee the contempt proceeding.

  • April 17, 2024

    Fox Rothschild Hires Employment Atty In Atlantic City

    Fox Rothschild LLP has added a labor and employment partner with decades of experience in collective bargaining, resolving workplace disputes and risk management to its Atlantic City, New Jersey, office.

  • April 17, 2024

    Meat Biz Says NLRB Is 'Bullying' It In Subpoena Row

    A meatpacking business accused of improperly transferring union work told a New York federal court it shouldn't face fines for withholding some documents from National Labor Relations Board prosecutors, saying the prosecutors don't need them and are "bullying" a small business that "barely survived the pandemic."

  • April 17, 2024

    Ex-Union Leader Wielded 'Financial Ruin' At Jobsite, Jury Told

    Prosecutors told a federal jury Wednesday that ex-Philadelphia labor leader John Dougherty threatened a jobsite manager with "financial ruin" if the man refused to pay his nephew, Gregory Fiocca, despite spotty attendance during the construction of the Live! Casino.

  • April 17, 2024

    School District To Pay $200K To End EEOC Age Bias Suit

    An Illinois school district will pay about $206,000 to bring an end to a U.S. Equal Employment Opportunity Commission suit claiming it capped salary increases for teachers over 45 to dodge increased retirement payments, the agency said Wednesday.

  • April 17, 2024

    NLRB Says Co. Violated Labor Law With Wage Suit Questions

    A chemical manufacturer illegally questioned an employee about his conversations with co-workers and union stewards linked to a wage and hour lawsuit, the National Labor Relations Board concluded, upholding an agency judge's decision about the workers' confidentiality interests.

  • April 17, 2024

    Welch's Rehire Challenge Should Fail, Judge Recommends

    Welch Foods should comply with an arbitrator's order to rehire a Teamsters-represented worker fired for making vulgar comments to a female co-worker, a Pennsylvania federal magistrate judge said, recommending that the district judge toss the company's challenge to the order.

  • April 16, 2024

    NLRB Revives Worker's Union Ouster Bid At Bus Co. Plant

    The National Labor Relations Board reinstated a worker's bid to oust the Communications Workers of America at a bus manufacturing facility in Kentucky on Tuesday, finding the employee made a good faith effort to send signatures for a decertification petition via fax.

  • April 16, 2024

    NLRB Official OKs Teamsters Vote At Food Distributor

    A group of delivery drivers at a United Natural Foods Inc. facility in Florida may vote in a representation election with a Teamsters local, a National Labor Relations Board official determined, saying the company couldn't show that an end to the workers' employment was imminent.

  • April 16, 2024

    Starbucks, Union In Talks To Settle Bargaining Fight

    Starbucks and Workers United are in talks to settle a National Labor Relations Board suit accusing the company of refusing to bargain labor contracts, according to a notice released Tuesday.

  • April 16, 2024

    Chattanooga VW Vote To Test UAW's Ability To Unionize South

    Workers at a Volkswagen facility in Chattanooga, Tennessee, will begin voting this week on whether to be represented by the United Auto Workers, an election that union experts call a key early test of the UAW's ability to organize automakers in the historically union-averse South.

  • April 16, 2024

    Meet The Atty For An Ex-Union Leader Facing His 3rd Trial

    The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different. 

  • April 16, 2024

    Mortgage Co. Fights NLRB GC's Bid For Broad Remedies

    A mortgage lender told the National Labor Relations Board to reject a request from agency attorneys seeking an expansive make-whole remedy for workers who were affected by illegal work rules, arguing that such relief would flout federal labor law.

  • April 15, 2024

    Coal Exec's Widow Seeks Atty Fees After Toss Of $6.5B Suit

    The widow of a bankrupt coal company's former president requested $525,000 in attorney fees and costs Monday after a D.C. federal judge tossed a suit alleging her husband's estate and another business owed a union pension plan $6.5 billion, saying the plan's trustees can afford to pay.

  • April 15, 2024

    Union, Workers Fight Subpoena Order Over NY Starbucks

    Workers United and former Starbucks employees objected to a federal judge's order to comply with a subpoena of communications about workers' sentiments toward the union at a Long Island, New York, store, arguing the company's information bids run counter to workers' confidentiality and privacy rights.

  • April 15, 2024

    2nd Circ. Affirms Telecom Co.'s $13M Union Pension Bill

    The Second Circuit upheld a New York federal court's determination that a telecommunications company owed $13 million in withdrawal liability to a multiemployer pension plan for electrical and contract workers, agreeing Monday with an arbitrator's finding that a construction industry exception didn't apply to the disputed work.

  • April 15, 2024

    Guard Claims Union Kept Her 'In The Dark' About Fees

    An International Guards Union of America affiliate did not give a U.S. Department of Homeland Security employee an audit report on agency fees and kept her "in the dark about its finances," she told a D.C. federal court, arguing the union violated its duty of fair representation.

  • April 15, 2024

    1st Circ. Reopens Fired Whole Foods Worker's BLM Mask Suit

    The First Circuit reinstated a lawsuit accusing Whole Foods of unlawfully disciplining and then firing an employee who wore a Black Lives Matter mask at work, overturning the Amazon-owned supermarket chain's pretrial win.

Expert Analysis

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

    Excerpt from Practical Guidance
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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

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