Labor

  • 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.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Rail Union Can't Strike Over Operations Spat, Judge Says

    A dispute between The Belt Railway Co. of Chicago and a rail workers union over operations changes must head to arbitration, an Illinois federal judge ruled, siding with the carrier's claims that a potential strike could cause it harm. 

  • March 27, 2024

    NLRB Seeks Contempt Order In Meat Co. Subpoena Fight

    National Labor Relations Board prosecutors asked a New York federal judge to hold two meatpacking companies in contempt of court for refusing to fully comply with a subpoena in a work transfer dispute, saying their stated reason for withholding certain documents is not valid.

  • March 27, 2024

    House Subpoenas PBGC Over $127M Teamsters Overpayment

    A House committee subpoenaed the Pension Benefit Guaranty Corp. as part of its probe into a $127 million overpayment to Teamsters pensioners who had already died, distributed as part of a multibillion-dollar bailout of multiemployer funds Congress approved during the pandemic.

  • March 27, 2024

    Cannabis Retailer Sues To Revive Union Decertification Bid

    A western Massachusetts cannabis retailer has asked a state court to reinstate an employee's petition to decertify a budding local of the United Food and Commercial Workers Union, which was dismissed by a state labor board following a settlement of separate prohibited practices complaints.

  • March 26, 2024

    Alcoa Retirees Score Partial Win In Life Insurance Fight

    Alcoa USA Corp. violated its collectively bargained obligations when it unilaterally cut off company-provided life insurance benefits, but was within its rights to pay retirees to waive their claims to benefits, an Indiana federal judge ruled.

  • March 26, 2024

    Examples Seen As Crucial To Useful EEOC, NLRB Guidance

    The U.S. Equal Employment Opportunity Commission and National Labor Relations Board may be joining forces to clarify how protections for workers who get heated during union activity square with anti-discrimination law, and experts said specific examples on this interplay are at the top of their wish list.

  • March 26, 2024

    Turf Co. Secures Dismissal Of Funds' Contributions Row

    Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.

  • March 26, 2024

    Mercedes Fired 3 Union Backers In Ala., UAW Claims

    Mercedes-Benz has fired at least three workers for openly backing the United Auto Workers' organizing campaign at an Alabama plant, the union claimed Tuesday in a National Labor Relations Board charge.

  • March 26, 2024

    DC Circ. Rebukes NLRB's 'Nonsense' In Driver Camera Case

    The D.C. Circuit on Tuesday vacated a National Labor Relations Board decision that found a produce company unlawfully disciplined a pro-union worker and gave another the impression he was being surveilled, calling the board's approach to the case "nonsense."

  • March 26, 2024

    Hollywood Strip Club Violated Settlement, NLRB GC Says

    The National Labor Relations Board's Los Angeles office accused a North Hollywood strip club of breaching a settlement with the Actors' Equity Association, according to a copy of a complaint obtained by Law360 on Tuesday, with agency attorneys seeking payment for terminated workers and a reading notice.

  • March 26, 2024

    Teamsters Duck Yellow's $137M Suit Over Restructuring Talks

    The Teamsters have defeated Yellow Corp.'s $137 million lawsuit accusing them of pushing the trucking company into bankruptcy through intransigence in negotiations over a corporate restructuring, with a Kansas federal judge finding the company didn't exhaust the grievance process under a union contract before suing.

  • March 26, 2024

    Legal Aid Union Fights Subpoena Over Palestine Resolution

    The New York Civil Liberties Union on Monday backed the Association of Legal Aid Attorneys in its fight against a subpoena from the U.S. House Committee on Education and the Workforce following the union's adoption of a resolution in support of the Palestinian cause.

  • March 25, 2024

    NLRB Defends 10(j) Tests In Starbucks High Court Dispute

    The National Labor Relations Board told the U.S. Supreme Court that Starbucks is ignoring the history of how courts use injunction standards under federal labor law, explaining to the justices that a two-part test doesn't lead to more favorable outcomes for the agency.

  • March 25, 2024

    Chattanooga Volkswagen Workers To Vote On UAW In April

    Workers at a Volkswagen factory in Chattanooga, Tennessee, will take their third crack at voting on representation by the United Auto Workers next month, the National Labor Relations Board announced Monday, revealing that the election has been scheduled without company pushback.

Expert Analysis

  • BIPA Ruling May Limit Employer Liability Under Labor Law

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    An Illinois appeals court’s recent decision in Walton v. Roosevelt University, holding that federal labor law preempted an employee’s Biometric Information Privacy Act claims, creates a precedent for employers with unionized workplaces to direct such claims to arbitration and possibly regain some leverage in settlement discussions, say attorneys at Thompson Coburn.

  • Revisiting Calif. 'Right To Recall' As In-Person Work Resumes

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    With many businesses returning employees to in-person work, certain hospitality employers in California face an increased risk of being penalized for noncompliance with a state law that provides job recall rights to workers who were laid off during the pandemic, say Lauren Gafa and Amber Healy at Atkinson Andelson.

  • NLRB History May Hint At Future Of Work Rule Test

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    Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

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    In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

  • How Health Care Employers Can Minimize Threat Of Strikes

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    The COVID-19 pandemic, safety and staffing issues, and the ongoing battle for health care talent mean that worker strikes may become a substantial threat to business operations, but industry employers can reduce the risk of job actions by building employee trust and fostering a culture of respect, say attorneys at Husch Blackwell.

  • Employer's Agenda: IHG Counsel Talks Remote Investigations

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    The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

  • Employer's Agenda: Allied Universal Counsel Talks Synergy

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    Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

  • Judge Jackson's Employment Rulings Embody Pragmatism

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    U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

  • Problems For Nonunion Contractors In Biden's Labor Mandate

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    President Joe Biden’s recent order mandating the use of project labor agreements for large-scale federal construction projects is a welcome development for organized labor, with potentially expensive consequences for nonunion contractors and subcontractors, say Michael Schrier and Adam Doerr at Husch Blackwell.

  • A Gov't Contractor's Guide To White House Pro-Union Report

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    The 60 recommendations recently released by the White House Task Force on Worker Organizing and Empowerment are likely to have an immediate impact, especially on government contractors, in three areas — workers' right to organize, employee misclassification, and enforcement expectations, say attorneys at MoFo.

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