Labor

  • April 02, 2024

    Plastics Co. Asks 3rd Circ. To Back Order Denying Rehire

    A plastics manufacturer called on the Third Circuit to uphold an arbitration award that denied reinstatement to a fired worker in Delaware, contending that the arbitrator correctly used an evidentiary doctrine to block a rehire remedy because the company found out the worker was intoxicated after his termination.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Union, Workers Must Comply With Starbucks' Subpoenas

    Workers United and a fired Starbucks employee must comply with subpoenas seeking information about workers' sentiments toward the union at a Long Island cafe following the worker's termination, a New York magistrate judge ruled, finding no confidentiality concerns.

  • April 01, 2024

    Bankrupt Coal Co.'s Affiliates Beat $6.5B Union Pension Suit

    A bankrupt coal company's affiliates have dodged claims that they owe $6.5 billion to a union pension plan, with a Washington, D.C., federal judge holding that the plan's trustees lacked standing to sue under the Employee Retirement Income Security Act because one trustee wasn't properly appointed.

  • April 01, 2024

    Right-Wing Personality Hit With Severance Charge At NLRB

    Conservative media personality Steven Crowder was hit with a National Labor Relations Board charge alleging he's leaning on an illegal separation agreement in a suit to stop an ex-producer from speaking out about him.

  • April 01, 2024

    Union Backs USPS In Bias Suit That Went To High Court

    A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.

  • April 01, 2024

    Carlton Fields Adds Stearns Weaver Employment Pro In Fla.

    Carlton Fields PA has added a labor and employment attorney from Stearns Weaver Miller as of counsel in its Tampa office, the firm announced Monday.

  • April 01, 2024

    NLRB Awards Disputed Seattle Port Work To ILWU

    Workers represented by the International Longshore and Warehouse Union are entitled to perform certain work at a port terminal in Seattle, the National Labor Relations Board ruled, rejecting the International Association of Machinists' bid for its members to take on the work.

  • April 01, 2024

    NLRB Official Tosses OPEIU's Election Bid At Consulting Co.

    A National Labor Relations Board official denied a petition from an Office and Professional Employees International Union affiliate to hold an election to represent workers at a consulting firm, saying the characteristics of workers who would be included and excluded from the proposed bargaining unit aren't clearly delineated.

  • April 01, 2024

    UNITE HERE President Steps Down After 11 Years

    The president of UNITE HERE has stepped down after 11 years of leading a union that represents 300,000 workers, the union announced Monday.

  • 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.

Expert Analysis

  • 5 Tips For Employers Regulating Employee Speech Online

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    A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.

  • Mitigating Labor Antitrust Risks As Enforcement Ramps Up

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    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission are prioritizing antitrust enforcement in the labor markets with a multipronged enforcement approach, so companies should take three steps to evaluate and mitigate risk from both government enforcement and private litigation, say attorneys at Paul Hastings.

  • Cos. Should Heed NLRB GC's Immigrant Protection Focus

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    With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.

  • NY Bill Would Alter Labor Relations In Fashion Industry

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    A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

  • How The NLRB Is Pushing For Expanded Remedies

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    The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employees' Input On ESG May Reduce Risks Of Unionization

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    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

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    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • Defeating Motions To Decertify FLSA Collective Actions

    Excerpt from Practical Guidance
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    Matthew Helland at Nichols Kaster lays out plaintiff strategies that can help beat a defendant’s motion to decertify a Fair Labor Standards Act collective action and convince the judge that a case should be tried on a groupwide basis, highlighting key issues such as representative proof and varying circuit frameworks.

  • Why NLRB's Return To Joy Silk Would Offer Few Advantages

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    The National Labor Relations Board general counsel's recent push for the reinstatement of the Joy Silk doctrine — which forces employers to bargain with workers after the company has infringed on their organizing rights — appears to be a solution in search of a problem and would almost certainly lead to more litigation, says Peter Finch at Davis Wright.

  • Employer Lessons After Diverging Amazon Union Outcomes

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    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.

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