Labor

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 25, 2024

    Ex-Philly Union Leader's 3rd Trial Ends In Deadlock

    A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.

  • April 25, 2024

    NLRB Backs Judge On Starbucks' Labor Violations In Mich.

    The National Labor Relations Board upheld on Thursday a judge's findings that Starbucks managers in Michigan illegally solicited worker complaints, threatened workers and removed pro-union notes from a community board, but declined prosecutors' push to use the case to revisit two precedents.

  • April 25, 2024

    ADT Must Undo Job Changes, Recognize Union, Judge Says

    A Kentucky federal judge ordered ADT on Thursday to resume recognizing an International Brotherhood of Electrical Workers local and let the union walk back certain changes to work conditions that the company implemented after withdrawing recognition.

  • April 25, 2024

    Starbucks Illegally Barred Recording, NLRB Judge Says

    Starbucks violated federal labor law by barring a worker from recording a disciplinary meeting and later terminating that pro-union employee from a store near St. Louis, a National Labor Relations Board judge ruled Thursday, calling for the coffee chain to reinstate the barista and make them whole.

  • April 25, 2024

    Paint Cos. Owe Fringe Benefits, Union Fund Trustees Say

    The trustees of an International Union of Painters and Allied Trades benefits fund accused a Michigan painting company of violating a collective bargaining agreement by not making contributions and subcontracting work to a related entity in an attempt to evade its obligations.

  • April 25, 2024

    Amazon Owes DOL Info On Anti-Union Expenses, Judge Says

    A Washington federal judge has ordered Amazon to comply with a U.S. Department of Labor subpoena seeking information about how much the company spent funding executives' travel to Staten Island, New York, to oppose a union organizing drive, saying the information is relevant to a DOL investigation.

  • April 25, 2024

    Rival Amazon Union Attys Get Warning From Federal Judge

    A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.

  • April 25, 2024

    Airplane Fuel Co. Seeks To Ax Union Healthcare Dispute

    A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.

  • April 25, 2024

    NLRB Official OKs Union Vote At Blood Collection Nonprofit

    A group of workers at some of a blood collection nonprofit's locations in the Seattle area can vote on whether to unionize with a Teamsters local, a National Labor Relations Board official determined, rejecting the employer's claim that three more facilities should be included in the election.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    SpaceX Stalling Case's Launch To Calif., NLRB Says

    The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.

  • April 24, 2024

    Cemex Effect On Election Petitions Could Be Source Of Delay

    The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.

  • April 24, 2024

    10th Circ. Nixes Worker's Grievance Claims Against Union

    The Tenth Circuit upheld on Wednesday the dismissal of a former U.S. Postal Service employee's duty of fair representation claims against a National Association of Letter Carriers affiliate in Colorado over the resolution of his termination grievance.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    Ivy League Says Unionization Could 'Threaten' College Sports

    Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.

  • April 24, 2024

    Airline Says Teamsters Lack Standing For Retaliation Claims

    Sun Country Airlines asked a Minnesota federal court to toss retaliation claims brought by the Teamsters on behalf of workers who were involved in an organizing drive, saying the union cannot bring allegations for employees who aren't named plaintiffs.

  • April 23, 2024

    Justices Probe NLRB's Burden In Starbucks' Injunction Appeal

    The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.

  • April 23, 2024

    Divisive Cost Cap Deadline Looms For Calif. Healthcare Cos.

    California healthcare attorneys are preparing for the state's first cap on healthcare spending proposed by a new state office tasked with making care affordable. Industry leaders are sharply split on the viability of a proposed 3% target, which some say may ultimately do more harm than good for a state suffering from skyrocketing healthcare costs.

  • April 23, 2024

    NLRB Defends Bargaining Order Shift At 9th Circ.

    The National Labor Relations Board urged the Ninth Circuit to uphold a decision in which it lessened the standard for issuing bargaining orders against employers who commit labor law violations in response to organizing, saying the revised approach will better deter unfair labor practices.

  • April 23, 2024

    Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store

    An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.

  • April 23, 2024

    Shell Liable For Meme Poster's Back Pay, Energy Co. Says

    The successor owner of Washington state refinery argued the company isn't responsible for a back pay award to a worker fired after posting a meme, saying the previous owner, Shell, is liable for the payments in a United Steelworkers grievance and arbitration dispute.

  • April 23, 2024

    Seattle-Area Ski Instructors Greenlit For Union Vote

    A National Labor Relations Board official has cleared instructors at a ski resort in the Seattle area to vote on union representation during the next ski season.

Expert Analysis

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

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