Labor

  • March 18, 2024

    House Committee Launches Probe Into Union 'Corruption'

    The House Education and Workforce Committee's chairwoman began an investigation into 12 unions over concerns about union officials' "fraud, embezzlement, and corruption," according to an announcement, calling for labor organizations to share documents with the committee.

  • March 18, 2024

    Minute Media Buys Rights To Publish Sports Illustrated

    Digital content business Minute Media has purchased the publishing rights for Sports Illustrated, keeping alive a longtime brand that recently obliterated its newsroom with layoffs and shut down its betting platform, according to a Monday announcement.

  • March 18, 2024

    2nd Circ. Won't Revive CUNY Profs' Union Antisemitism Suit

    The Second Circuit won't revive a suit lodged by six Jewish professors at the City University of New York claiming that a state law unlawfully requires them to associate with a union that they allege holds antisemitic views, ruling that the provision passes muster under the U.S. Constitution.

  • March 18, 2024

    Labor Rights And Politics: What Employers Should Know

    Employers that aim to keep politics out of the workplace in this contentious election year should be mindful of federal labor law, experts say, as it may limit their ability to stop workers from touting social causes, especially under President Joe Biden's National Labor Relations Board.

  • March 18, 2024

    USW Says Factory Assigning Double Duty Despite Arb. Award

    An Ohio insulation manufacturer is still making the union-represented staff of its Newark, Ohio, factory perform two jobs at once, the United Steelworkers have claimed in a new lawsuit against the company, seeking to enforce an arbitration award banning the business from mandating so-called double duty.

  • March 18, 2024

    ExxonMobil Info Sharing Rule 'Overbroad,' NLRB Judge Says

    ExxonMobil enforced an "unlawfully overbroad" rule governing the sharing of corporate information, a National Labor Relations Board judge ruled, applying a recent shift in board precedent to find that the company illegally fired a worker who posted an internal email on social media.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    NLRB Asks 2nd. Circ. To Hold Radio Co. In Contempt

    The National Labor Relations Board asked the Second Circuit to hold a radio station operator in contempt for violating a consent judgment enforcing a board decision, saying the station hasn't restored an unlawfully laid-off worker to a comparable position and has given union work to non-union workers.

  • March 15, 2024

    Starbucks Illegally Removed Union Material, NLRB Judge Says

    Starbucks unlawfully took down union material posted at a cafe in Maine and disciplined a worker who wrote "stop union busting" on a whiteboard, a National Labor Relations Board judge found while dismissing other allegations that the company violated federal labor law.

  • March 15, 2024

    DOL Says PBGC Overpayment Returns Don't Violate ERISA

    The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.

  • March 15, 2024

    NY Forecast: 2nd Circ. Hears Schools Admin. Suit Over Firings

    The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.

  • March 15, 2024

    Calif. Forecast: Full 9th Circ. To Hear AB 5 Challenge Args

    In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.

  • March 14, 2024

    Foul-Language Row Met With Fowl Metaphors In Court Showdown

    An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.

  • March 14, 2024

    Union Ends Representation At Medieval Times After 2 Years

    The American Guild of Variety Artists has given up its role as the bargaining representative of Medieval Times workers, according to an announcement from Medieval Times Performers United, ending an organizing effort that began in California and New Jersey about two years ago.

  • March 14, 2024

    NLRB's Cemex Decision Could Impact Injunction Bids In Court

    The National Labor Relations Board's decision loosening the standard for ordering employers to bargain based on labor law violations is likely to change how courts weigh granting injunctions requested by agency prosecutors, experts said, though it remains to be seen whether that shift will lead to more or fewer injunctions.

  • March 14, 2024

    NLRB Certifies Dartmouth Men's Basketball Player Union

    Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.

  • March 14, 2024

    Ind. Nursing Home Nurses Get OK For Teamsters Vote

    A National Labor Relations Board official gave the green light to nurses at an Indiana nursing home to vote on representation by a Teamsters local, rejecting the facility's argument that the nurses are union-ineligible supervisors.

  • March 14, 2024

    Worker Fired Over Union Activity, Not Vax, NLRB Tells DC Circ.

    The D.C. Circuit should uphold a National Labor Relations Board decision finding a real estate management firm illegally fired a union supporter, the board argued, saying evidence doesn't back the company's claim that it lawfully terminated the worker because he hadn't been vaccinated against COVID-19.

  • March 13, 2024

    DOL Slacks On Enforcing Farm Labor Protections, Groups Say

    A group of farmworkers unions and nonprofits that advocate for farmworkers' interests have sued the U.S. Department of Labor in Washington, D.C., federal court, saying the agency hasn't been complying with a 1980 regulation designed to improve its enforcement of farmworkers' legal protections.

  • March 13, 2024

    NLRB Official Expands Bargaining Unit At Colo. Ski Resort

    Volunteer ski patrol workers must be included in a proposed bargaining unit at a Colorado ski resort, an NLRB official found Wednesday, siding with the employer's bid to broaden the unit in a representation election with the Communications Worker of America.

  • March 13, 2024

    FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.

    An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.

  • March 13, 2024

    'Roe v. Wade' Production Co. Ordered To Pay Actors

    A production company that worked on the 2020 film "Roe v. Wade" must pay SAG-AFTRA about $382,000 in a dispute over actors' salaries and benefits, a California federal judge ruled, confirming an arbitration award and granting the union's attorney fee request.

  • March 13, 2024

    NLRB Halts Union Election To Consider SEIU Intervention Bid

    A Service Employees International Union local won its request to pause an election in which workers would choose which of two other security officers' unions would represent them, with the National Labor Relations Board indicating it may consider shifting board precedent for union intervention in representation votes.

  • March 12, 2024

    Trader Joe's Made Illegal Threats Over Raises, NLRB GC Says

    Trader Joe's violated federal labor law by threatening workers at a Kentucky store with the elimination of raises over their potential backing for an independent union, according to National Labor Relations Board prosecutors' complaint obtained by Law360 on Tuesday.

Expert Analysis

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

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