Labor

  • March 06, 2024

    Mich. Judges Skeptical Taking Photos Is Eavesdropping

    A Michigan appellate judge said on Wednesday that he was hesitant to interpret a decades-old eavesdropping statute to say that taking a photograph is the same as overhearing a conversation, in a union leader's attempt to go after a rival union for snapping a picture during his deposition. 

  • March 06, 2024

    'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told

    A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.

  • March 06, 2024

    Liff Walsh Adds Ex-DOL Atty To Lead Employment Team

    Liff Walsh & Simmons added a partner with experience at the U.S. Department of Labor and doing public interest work to lead and expand its labor and employment practice.

  • March 06, 2024

    Connecticut Marshals Union Pushes For Lower Job Cap

    Connecticut law authorizes the appointment of far more state marshals than necessary, the workers' union told state lawmakers Wednesday, in support of a new bill that would lower the cap and give job candidates incentive to choose the marshals service as a career.

  • March 06, 2024

    Toyota Workers At Mo. Plant Go Public With UAW Union Drive

    Workers at a Toyota factory in Troy, Missouri, went public Wednesday with their campaign to unionize with the United Auto Workers, saying 30% of the factory's workers have signed union cards amid the UAW's aggressive push to organize the country's nonunion automakers.

  • March 06, 2024

    NY Legal Services Org Votes To Unionize With Supermajority

    Workers at the New York legal services organization Empire Justice Center voted on Monday to unionize, choosing by a 72% vote to join the Association of Legal Aid Attorneys.

  • March 06, 2024

    Fired Hospital Worker Isn't A Supervisor, NLRB Judge Says

    A New York hospital illegally threatened and fired a nurse for her union organizing efforts, a National Labor Relations Board judge ruled, dismissing the hospital's claims that the worker was a supervisor who lacks protections under federal labor law.

  • March 05, 2024

    3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance

    A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.

  • March 05, 2024

    Dartmouth Basketball Players Vote To Unionize With SEIU Unit

    Men's basketball players at Dartmouth College voted for unionization with a Service Employees International Union local, according to a National Labor Relations Board tally Tuesday, while the university said it is "unprecedented" to deem these players employees.

  • March 05, 2024

    Split 5th Circ. Axes SpaceX Bid To Keep NLRB Suit In Texas

    SpaceX's challenge to the constitutionality of the National Labor Relations Board's structure should play out in California, a majority Fifth Circuit panel ruled Tuesday, denying the company's bid to station the lawsuit where it was originally filed in Texas but refraining from issuing a mandate.

  • March 05, 2024

    NYC Can't Dump EMS Workers Union's Race, Sex Bias Claims

    The City of New York cannot escape claims that it discriminatorily favors its mostly white staff of firefighters over its mostly non-white emergency medical workers, as a federal judge held that the two categories of workers were arguably similar.

  • March 05, 2024

    NLRB GC Tells Labor Bar Case Processing Time Rose In 2023

    The average time between a charge being filed with the National Labor Relations Board and prosecutors deciding whether to bring a case based on its allegations rose to 124 days last fiscal year, according to new data from general counsel Jennifer Abruzzo.

  • March 05, 2024

    Shell Must Face Union Rehire Bid For Worker Fired For Meme

    Shell must face the United Steelworkers' attempt to compel it to promptly rehire a union-represented worker who was fired for posting a meme the company considered racist, with a Washington federal judge preserving the union's bid to enforce an arbitrator's reinstatement award and tossing the oil giant's dismissal bid.

  • March 05, 2024

    3rd Circ. Must Nix Order Over Worker's Firing, Teamsters Says

    A Delaware district court wrongly supported an arbitration award denying reinstatement of a worker who was found to be intoxicated from alcohol during his shift at a plastics manufacturer, a Teamsters local told the Third Circuit, saying the arbitrator didn't base his decision on the company's stated reason for termination.

  • March 04, 2024

    Ex-Philly Union 'Gofer' Gets Probation For Embezzlement

    A former International Brotherhood of Electrical Workers employee who admitted to shopping with union funds while serving as a "gofer" for convicted ex-business manager John Dougherty was sentenced to three years of probation on Monday in Pennsylvania federal court.

  • March 04, 2024

    Teamsters Request Discovery Stay In $137M Fight With Yellow

    A Kansas federal judge should decide whether Yellow Corp.'s $137 million lawsuit against the Teamsters can survive the union's dismissal bid before making the union produce more documents, the Teamsters said, looking to pause the discovery process in litigation accusing the union of holding up a corporate restructuring.

  • March 04, 2024

    Non-Tenure-Track Harvard Workers Seek Union Vote

    A United Auto Workers affiliate is aiming to represent more than 3,000 non-tenure-track lecturers, researchers and other workers at Harvard University, the union announced Monday, highlighting concerns over job security and pay.

  • March 04, 2024

    3rd Circ. Says Union Courted Rebuke In NLRB Reversal

    A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.

  • March 04, 2024

    NLRB Says Google's Union Fight Can Be Heard By DC Circ.

    The National Labor Relations Board has asked the D.C. Circuit to continue adjudicating Google's challenge to the unionization of its subsidiary YouTube Music, urging the court to reject the company's bid to transfer the case to the Fifth Circuit.

  • March 04, 2024

    Union Calls For Sanctions Against NLRB In 7th Circ. Dispute

    The National Labor Relations Board should face sanctions for claiming an International Union of Operating Engineers affiliate hadn't challenged the lawfulness of a punch-in policy for strike replacements, the union contended to the Seventh Circuit, saying the local raised arguments on this point during the agency proceeding.

  • March 01, 2024

    NLRB Deputy Says Joint Employer Rule Targets 'Real World'

    The National Labor Relations Board's deputy prosecutor on Friday detailed how the agency's rewrite of its joint employer standard is intertwined with other issues related to who is considered an employee under federal labor law, saying the board is responding to the "real world" effects of complex business structures.

  • March 01, 2024

    DC Circ. Finds Rehab's Flyers Aren't Unlawful Surveillance

    The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    Calif. Forecast: State Justices To Hear 'Intentionality' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 01, 2024

    DC Circ. Enforces UAW Bargaining Order With Auto Parts Co.

    The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.

Expert Analysis

  • 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

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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.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

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