Labor

  • February 27, 2024

    DC Circ. Rejects Hospital's NLRB 'Successor Bar' Challenge

    The D.C. Circuit on Tuesday upheld a National Labor Relations Board decision finding a Puerto Rico hospital unlawfully withdrew recognition from a union after inheriting five bargaining units, rejecting the company's challenge to a board standard blocking employers from withdrawing recognition after acquiring a unionized company's operations.

  • February 27, 2024

    Coffee Shop Fought Work Protest Too Hard, NLRB Judge Says

    A Buffalo, New York-area coffee shop violated federal labor law when its owner responded to employees' lawful protest of workplace conditions by sending her boyfriend to a meeting with the workers to take their keys, a National Labor Relations Board judge has ruled.

  • February 27, 2024

    NLRB Should Overrule Anti-Union Hiring Precedents, GC Says

    Agency prosecutors urged the National Labor Relations Board to overrule four of its precedents in a refusal-to-hire case between a pipefitters union and Georgia manufacturer, calling for a shift in analysis for cases involving alleged discrimination against so-called union salts.

  • February 27, 2024

    Biden's Labor Secretary Nom Clears Senate Committee Again

    Julie Su, President Joe Biden's long-running nominee for labor secretary who has been temporarily serving in the role for the past year, made it through a Senate committee Tuesday, though her fate in the full chamber is uncertain.

  • February 26, 2024

    NLRB Takes Moderate Path In BLM Protest Case

    The National Labor Relations Board's recent ruling that Home Depot violated federal labor law by demanding a worker take a Black Lives Matter message off their apron takes a broad view of workers' rights but stops short of the radical position prosecutors had advocated.

  • February 26, 2024

    UAW, Fiat Chrysler Escape Engineers' Bribery Scheme Suit

    The United Auto Workers, Fiat Chrysler and others are off the hook for state fraud and civil conspiracy claims brought by auto engineers in connection to a bribery scheme between union officials and the automaker, a Michigan federal judge ruled Monday, citing a recent Sixth Circuit decision finding related allegations untimely.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Teamsters Tell 7th Circ. Sysco Must Arbitrate Benefits Dispute

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 23, 2024

    Cal State Student Assistants Vote To Unionize

    Student workers at California State University voted to unionize with a Service Employees International Union affiliate, a vote that the union said creates the largest bargaining unit for such workers in the United States.

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

  • February 23, 2024

    NLRB Official OKs Teamsters Vote At Calif. Cannabis Facility

    About 54 employees of a Sacramento, California, facility that stores and delivers cannabis can vote on representation by a Teamsters local, a National Labor Relations Board official ruled, saying the United Food and Commercial Workers' pursuit of representing all the company's California employees doesn't bar the election petition.

  • February 23, 2024

    9th Circ. Upholds NLRB's Refusal To Bargain Order

    A Los Angeles restaurant illegally refused to bargain with a UNITE HERE local, the Ninth Circuit ruled, supporting the National Labor Relations Board's determination that the company couldn't avoid liability for a federal labor law violation by raising the COVID-19 pandemic as an excuse.

  • February 23, 2024

    NLRB Says Meat Co. Dodged Union On Layoffs, Info Request

    A New York meat distributor violated federal labor law by laying off six employees without consulting its workers' union and by withholding information about forthcoming changes to its production process, a National Labor Relations Board majority ruled.

  • February 23, 2024

    Calif. Forecast: Court Weighs Bay Area Transit Vax Mandate

    In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • February 23, 2024

    Starbucks' Store Closure Threat Is Illegal, NLRB Judge Says

    Starbucks legally reduced a pro-union employee's hours, a National Labor Relations Board judge ruled, dismissing other unfair labor practice claims but holding that the coffee giant did unlawfully threaten possible closure of stores if workers unionized.

  • February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 22, 2024

    NLRB Joint Employer Rule Delayed Again Amid Biz Challenge

    A Texas federal judge on Thursday delayed until March an imminent National Labor Relations Board rule change that will make it tougher for employers to show they are not joint employers while the court mulls a business coalition's challenge.

  • February 22, 2024

    Ex-Philly Union Manager's Allies Get Embezzlement Sentences

    Three co-defendants of former Philadelphia union leader John "Johnny Doc" Dougherty have been sentenced for their participation in an embezzlement scheme spearheaded by the former International Brotherhood of Electrical Workers Local 98 business manager.

  • February 22, 2024

    9th Circ. OKs NLRB's Dues Stance, But Judge Decries Shifts

    A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.

  • February 22, 2024

    UAW Tells Mich. Judge To Toss Fiduciary Duty Suit

    The United Auto Workers and one of its affiliates urged a Michigan federal judge to dismiss accusations that the union violated its fiduciary duty in connection with an individual's claim for benefits, saying federal retirement and labor laws preempt the plaintiff's allegations.

  • February 22, 2024

    Longshore Union To Exit Bankruptcy With $20M Settlement

    A California bankruptcy judge Thursday approved the International Longshore and Warehouse Union's request to dismiss its own bankruptcy after okaying the union's settlement of a long-running legal dispute with a shipping company that had driven it into insolvency

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    The Hollywood Writers' Strike Meant Long Hours For This GC

    When the Hollywood writers' strike ended in September, there was a 24-hour period of euphoria before Writers Guild staff and members turned their attention elsewhere. Ann Burdick, general counsel of the Writers Guild of America East, recently spoke with Law360 Pulse about her roles and responsibilities during and after the monthslong strike that halted production last year.

Expert Analysis

  • Why Minor League Labor Negotiations Will Be Complicated

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    Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

  • Alternatives For Employers Considering Workforce Reduction

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    Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

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    The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

  • NLRB Reversal On Union Apparel Is A Warning For Employers

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    The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

  • Proposed NLRB Rule Would Vastly Expand Joint Employment

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    The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.

  • 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.

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