Labor

  • April 01, 2024

    Littler Adds Longtime Home Builders Association Atty In DC

    Littler Mendelson PC has hired a more than 20-year veteran of the National Association of Home Builders' in-house legal department to bolster its expertise counseling employers on construction liability, regulatory compliance and related matters, the firm recently announced.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    SEIU Dodges Nursing Homes' Defamation Claim

    A New Jersey federal judge dismissed defamation and trade libel allegations by nursing home operators against a union and its affiliates in light of U.S. Supreme Court precedent, saying the unions' statements at the center of the claims are connected to a labor dispute.

  • March 29, 2024

    Why The NLRB Doesn't Hold Electronic Elections In 2024

    The National Labor Relations Board's representation election process remains analog in 2024 despite a series of pushes to lift a long-standing legislative bar on pursuing electronic voting. Here, Law360 explores the debate over e-voting at the NLRB.

  • March 29, 2024

    OSHA Finalizes Rule Letting Unions Join Job Site Inspections

    The Occupational Safety and Health Administration issued a final rule Friday broadening workers' right to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

  • March 29, 2024

    NLRB Says Amazon Had Unlawful Off-Duty Access Rule

    Amazon violated federal labor law by maintaining a policy that restricted off-duty workers' access to a Kentucky facility, the National Labor Relations Board ruled Friday, saying the rule gave the company too much discretion over access and rejecting the company's claim that it quickly walked back the rule.

  • March 29, 2024

    Captive Audience Memo Order Must Stand, 5th Circ. Told

    The Fifth Circuit shouldn't revive staffing companies' First Amendment claim challenging a memo from the National Labor Relations Board's top prosecutor arguing that so-called captive audience meetings are illegal, the lead agency official argued, saying district courts lack jurisdiction to review the allegations over her guidance.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    SEIU Unit Defends Dartmouth Men's Basketball Union Ruling

    The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    Former Prison Contractor Must Pay $112K, 6th Circ. Says

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.

  • March 28, 2024

    4 Takeaways As Hollywood Asks For AI Deepfakes Laws

    Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.

  • March 28, 2024

    Starbucks' 10(j) Push Just 'Semantics,' AFL-CIO Tells Justices

    The AFL-CIO backed the National Labor Relations Board on Thursday in Starbucks' case at the U.S. Supreme Court seeking to unify the standards courts apply to the agency's injunction bids, saying the courts all use effectively the same test, even if some apply more or different factors than others.

  • March 28, 2024

    NLRB Judge Finds Buffalo Starbucks Firings Illegal

    Starbucks violated federal labor law by constructively discharging a former barista in Buffalo, New York, who is now a union spokesperson, a National Labor Relations Board judge ruled, while dismissing other unfair labor practice allegations against the coffee chain involving cut hours and failure to negotiate over discipline.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    AFL-CIO Names Ex-CWA General Counsel For Advocacy Role

    Union federation AFL-CIO announced it has named an experienced attorney who spent nearly 25 years working on government and labor movement matters, including a stint as general counsel with the Communications Workers of America, as its new director of advocacy.

  • March 28, 2024

    Amazon Overreached With Subpoenas, NLRB Judge Says

    Amazon can't force a group of pro-union employees to reveal what they've told National Labor Relations Board prosecutors during investigations into the company's union response, an NLRB judge ruled, trimming a series of subpoenas issued to the workers.

  • March 27, 2024

    Sega Workers Ratify 1st Contract In 'Landmark Moment'

    Unionized Sega of America workers backed the ratification of their first contract with the video game giant, according to an announcement from the union Wednesday, saying the parties agreed to raises, benefits and other protections for workers.

  • March 27, 2024

    DC Circuit Upholds NLRB Firing Decision Despite Legal Shift

    The D.C. Circuit upheld an NLRB ruling that a Cadillac dealer illegally fired a worker even though the board changed the applicable precedent during the appeal, saying Wednesday that the long-running case appears to shake out the same under either version of the shifting standard for worker outbursts.

  • March 27, 2024

    Hospital Co. Can't Quash ERISA Suit Subpoenas, Judge Says

    A Buffalo, New York-area hospital network lost its bid to quash two subpoenas in a proposed Employee Retirement Income Security Act class action Wednesday, with a New York federal judge ruling that the network challenged the subpoenas to two of its advisers in the wrong court.

  • March 27, 2024

    Black Workers' Race Bias Suit Against Union Can't Proceed

    A group of Black workers can't bring race bias allegations against a union, a federal international trade judge concluded, dismissing a proposed class action complaint that claimed the union had a "long history of discrimination" against Black people.

  • March 27, 2024

    Governor Directs Pa. To Use More Project Labor Agreements

    Pennsylvania Gov. Josh Shapiro announced Wednesday that he is directing state agencies to consider including project labor agreements — pre-hiring collective bargaining agreements that can cover multiple contractors and labor unions — in all major capital projects.

  • March 27, 2024

    Employers Wary Of NLRB GC's Work Rule Remedy Push

    The National Labor Relations Board's top prosecutor is pushing to expand available remedies for workers whose employers discipline them under unlawfully overbroad work rules, prompting concerns from employers that the initiative could result in a complicated process for determining who is entitled to the relief.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

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