Labor

  • 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.

  • March 01, 2024

    Starbucks' Discipline For Joke Was Illegal, NLRB Judge Says

    Starbucks violated federal labor law by disciplining a pro-union worker at an Alabama store for a comment that was a "joke amongst [LGBTQ] friends," a National Labor Relations Board judge determined, ordering the coffee chain to reinstate the employee who was later fired.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.

  • February 29, 2024

    Chamber Tells Justices To Nix 'Watered-Down' Injunction Test

    The U.S. Chamber of Commerce and other employer groups urged the U.S. Supreme Court to reverse a Sixth Circuit decision over the rehire of seven fired Starbucks workers in Memphis, Tennessee, telling the nine justices to do away with a "watered-down" injunction test.

  • February 29, 2024

    Starbucks' Piercing Pivot Punished Union, NLRB Judge Says

    Starbucks' dress code is not illegal on its face to the extent that it bars workers from wearing union T-shirts, but the company violated federal labor law by more strictly enforcing its piercing limits after workers at a Tallahassee, Florida, store struck, a National Labor Relations Board judge said Thursday.

  • February 29, 2024

    NLRB's Cemex Decision Continues To Roil Labor Bar

    The aftereffects of the National Labor Relations Board's landmark decision to upend its process for union representation elections are still being felt months later, with attorneys for unions and employers debating how to proceed with the decision in mind Thursday at an American Bar Association conference.

  • February 29, 2024

    Ex-Philly Union Manager Gets Extortion Trial Delayed

    Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.

  • February 29, 2024

    Yellow Corp. Gets Ch. 11 Control Extended To End Of July

    Bankrupt Yellow Freight Corp. has secured an extra 90 days to hold onto the wheel of its Chapter 11 case in Delaware, after citing both the complexity of its case and the "tremendous" progress in selling off its assets.

  • February 29, 2024

    Starbucks Illegally Fired Wash. Worker, NLRB Judge Says

    Starbucks violated federal labor law by firing a union backer for clocking out after an emotional exchange with her boss but not by writing another supporter up over his testy attitude toward a visiting manager, a National Labor Relations Board judge said.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

Expert Analysis

  • Company Considerations For Cash Award Incentives: Part 2

    Excerpt from Practical Guidance
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    Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.

  • Why Minor League Labor Negotiations Will Be Complicated

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    Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

  • Alternatives For Employers Considering Workforce Reduction

    Excerpt from Practical Guidance
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    Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

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    The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

  • NLRB Reversal On Union Apparel Is A Warning For Employers

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    The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

  • Proposed NLRB Rule Would Vastly Expand Joint Employment

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    The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.

  • Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

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    California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

  • Prepare For NLRB Collaboration With Antitrust Agencies

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    The National Labor Relations Board's recent agreements with the Federal Trade Commission and the U.S. Department of Justice may herald increased interagency engagement on noncompete and no-poach issues, so companies that face scrutiny from one agency may well quickly be in the crosshairs of another, say attorneys at BakerHostetler.

  • Watson Discipline Case Shows NFL's Power In Labor Disputes

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    While the six-game suspension a disciplinary officer recently ordered against Cleveland Browns quarterback Deshaun Watson aligns with labor law standards, the NFL has authority to increase the punishment with little to no recourse for Watson or the NFL Players Association — thanks to the 2016 “Deflategate” case, says Michael Elkins at MLE Law.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • What New Captive Audience Law Means For Conn. Employers

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    Given a new Connecticut law that allows employees to opt out of captive audience meetings where employers share religious or political opinions, companies will need to address the liability risks posed by this substantial expansion of employee free speech rights, say attorneys at Shipman & Goodwin.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

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