Labor

  • 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.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Union Calls On High Court To Nix Hotel's NLRB Rehire Appeal

    The U.S. Supreme Court shouldn't overturn the Ninth Circuit's affirmation of a National Labor Relations Board decision ordering a hotel to rehire 100 union-represented workers, a UNITE HERE affiliate argued, because there isn't disagreement between circuit courts over the evidence required to show anti-union animus.

  • May 07, 2024

    Teamsters Say Workers' Honoring Of Picket Line Wasn't Strike

    Dump truck drivers for a Seattle-area construction company did not violate the no-strike provisions of a set of labor contracts by supporting a strike on a different company, the drivers' union told a Washington federal court, seeking dismissal of the breach-of-contract claim in the company's lawsuit against the union.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 06, 2024

    Apple Unlawfully Questioned Worker Over Union, NLRB Says

    The National Labor Relations Board on Monday upheld a judge's ruling that Apple violated federal labor law when a manager asked a worker about his views on a union drive and his discussions with co-workers.

  • May 06, 2024

    Amazon Union, Reformers Pursue Bids For Worker Info List

    The Amazon Labor Union and members of a reform caucus fought against Amazon's challenge in New York federal court to requests for workers' contact information ahead of an officers vote, with the union saying the e-commerce conglomerate isn't facing a burden.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    DOL Wants New Union Officer Vote For Midwestern Bakers

    An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.

  • May 06, 2024

    NLRB Official Tosses Starbucks Union Ouster Bid In Mich.

    A Starbucks worker in Michigan can't proceed with a bid to oust the Workers United union, a National Labor Relations Board regional director determined, finding that pending refusal-to-bargain claims block the petition from moving ahead for now.

  • May 06, 2024

    Electric Co. Dodged Union On Info Request, NLRB Says

    A Nebraska electrical contractor improperly withheld wage information from an International Brotherhood of Electrical Workers local, the National Labor Relations Board ruled, with one member writing that he would be open to a remedy requiring that employers let NLRB agents train workers on their labor rights.

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

Expert Analysis

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

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