Labor

  • April 05, 2024

    Firefighters Union's Finance Firm Can't Spike Whistleblower Claim

    A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.

  • April 05, 2024

    NY Forecast: Worker's $1 Win In Sex Bias Case At 2nd Circ.

    This week, the Second Circuit will consider a dental hygienist's challenge to a New York federal judge's decision to order a new trial over sexual harassment claims against her former employer that resulted in a jury awarding her $1 in damages. Here, Law360 explores this and other cases on the docket in New York.

  • April 05, 2024

    Barnes & Thornburg Adds Labor, Biz Immigration Pro

    Barnes & Thornburg LLP has hired an employment partner from Dorsey & Whitney LLP with 20 years of experience navigating companies through labor, employment and immigration matters.

  • April 04, 2024

    Ex-La-Z-Boy Operator Reaches $300K Deal On Fired Workers

    The former operator of a La-Z-Boy store in Indiana agreed to pay nearly $300,000 and issue apology letters in an unfair labor practice proceeding linked to the termination of two employees who spoke up about working conditions, according to a copy of the settlement obtained by Law360 on Thursday.

  • April 04, 2024

    Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal

    A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.

  • April 04, 2024

    Amazon Union Leaders Accused Of Blowing Up Election Deal

    An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.

  • April 04, 2024

    Shippers Unlawfully Aided Seafarers Union, NLRB Judge Says

    A group of shipping companies is liable for federal labor law violations as a single employer, a National Labor Relations Board judge ruled, saying the companies illegally recognized the Seafarers International Union and told workers to join the union as a condition of employment.

  • April 04, 2024

    Bakery Driver Says Co. Illegally Fired Him, Union Evaded Duty

    An Ohio-based baking company illegally fired a driver after he refused to complete a delivery that he said could have violated U.S. Department of Transportation regulations and his union failed to fairly represent him, the worker said in a suit filed Thursday in federal court.

  • April 04, 2024

    Legislative Workers Union Reaches Deal With NY City Council

    The New York City Council and a union representing legislative employees reached a tentative agreement on their first-ever labor contract, Council Speaker Adrienne Adams announced.

  • April 03, 2024

    NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX

    The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.

  • April 03, 2024

    Amazon Cut Strikers' Time Off, NLRB Regional Director Claims

    Amazon violated federal labor law by dinging workers' time-off balances in retaliation for them going on strike at a facility in Shakopee, Minnesota, the National Labor Relations Board's Minneapolis regional director alleged.

  • April 03, 2024

    Trader Joe's Made Threats During Union Drive, NLRB GC Says

    National Labor Relations Board prosecutors accused Trader Joe's of violating federal labor law by threatening and interrogating workers in the midst of an organizing drive at a California store, according to a complaint obtained by Law360 on Wednesday.

  • April 03, 2024

    Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule

    A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    NLRB Fights Theater Co.'s Confidentiality Claims At 2nd Circ.

    A theatrical production company can't assert confidentiality to duck information requests from Actors' Equity Association, the National Labor Relations Board told the Second Circuit, urging it to affirm a board decision finding that the company unlawfully refused to provide financial details.

  • April 03, 2024

    Closed Walgreens Pharmacy In Oregon Avoids Union For Now

    A Walgreens in Oregon that closed its pharmacy the day its pharmacist and pharmacy technicians announced their union organizing campaign doesn't have to hold a union representation election, a National Labor Relations Board official said, saying the union can request an election again if the pharmacy reopens.

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Bills Tying Incentives To Card Check Could Be Preempted

    Southern state legislatures recently have shown an interest in bills that would bar businesses that receive state economic incentives from voluntarily recognizing unions based on authorization cards, and experts expect the concept to spread even as questions remain about whether such measures are preempted by federal labor law.

  • April 02, 2024

    Transportation Department Finalizes New Train Crew Size Rule

    The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.

  • April 02, 2024

    Worker In NLRB GC's Rules Remedy Case Asks For Atty Fees

    A worker requested attorney fees and costs as a make-whole remedy in an unfair labor practice case in which the NLRB's general counsel pushed for broadened relief in work rule disputes, arguing that he had to hire private counsel in his challenge to a mortgage lender's employment agreement.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    $40M Union Pension Dispute To Head Back To Arbitrator

    A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Scholars Back Lower Bar For NLRB Injunction At High Court

    A group of labor law professors defended the National Labor Relations Board's ability to dodge certain injunction requirements placed on private parties in a brief to the U.S. Supreme Court, recommending the justices side with the agency over Starbucks in a dispute about how the NLRB obtains injunctions.

Expert Analysis

  • 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.

  • Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

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    A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

  • 4 Labor Relations Lessons From Soccer League CBA

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    As a resurgent labor movement prompts employers to consider how to respond to unionization efforts, the first collective bargaining agreement between the National Women's Soccer League and the union representing its players provides important insights, says Chris Deubert at Constangy Brooks.

  • 3rd Circ. Ruling Shows Limits Of Regulating Employer Speech

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    It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.

  • Memo Shows NLRB's Pro-Union Property Access Agenda

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    A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.

  • Combating Micro-Units In The Age Of A Pro-Union NLRB

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    As the increasingly activist, pro-union National Labor Relations Board is poised to revive an Obama-era standard allowing small groups of employees to form bargaining units, employers must adopt proactive strategies to avoid a workplace fractured by micro-units, says James Redeker at Duane Morris.

  • The Prospect Of NLRB Shift On Employers' Anti-Union Speech

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    National Labor Relations Board General Counsel Jennifer Abruzzo recently urged the board to restrict captive-audience meetings that allow employers to attempt to dissuade employees from unionizing, so employers may want to prepare for that potential enforcement shift and proactively revisit their meeting and communication practices and policies, say attorneys at Nixon Peabody.

  • Growth Of Cannabis Industry Raises Labor Law Questions

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    As more states legalize cannabis cultivation, manufacture and use — which remains illegal federally — there may be a wave of new workers in the industry, and businesses will need to consider what law will govern the employer-employee relationship and what role unions will play, say Gabriel Jiran and Sarah Westby at Shipman & Goodwin.

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