Labor

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    NY Judge Halts State Ag Law's Anti-Union Speech Restriction

    A New York federal judge paused enforcement of a section of a state agricultural labor law that would make it an unfair labor practice to discourage unionization, saying claims from a farming group that the provision violates the First Amendment have a chance of success.

  • February 22, 2024

    Apartment Management Co. Illegally Fired Worker, NLRB Finds

    The company that manages a Phoenix apartment complex violated federal labor law when it ordered a new employee to stop telling his co-workers about his wages and then fired him after three days on the job, the National Labor Relations Board ruled, upholding an agency judge's decision.

  • February 21, 2024

    NLRB Says Home Depot Unlawfully Restricted BLM Protest

    Home Depot violated federal law by telling a worker they could not wear a Black Lives Matter slogan on their apron and directing them to remove it, the National Labor Relations Board ruled Wednesday, saying the message was connected to earlier group complaints about racism in the workplace.

  • February 21, 2024

    Employers Settling In One Year After NLRB Severance Ruling

    In the year since the National Labor Relations Board held that employers violate federal labor law by offering severance agreements that restrict employees' ability to talk about the employer or the pact itself, experts say parties have generally found compromises on language that complies with the ruling, but some questions remain unanswered.

  • February 21, 2024

    3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker

    The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.

  • February 21, 2024

    Starbucks Pushes 4-Part NLRB Injunction Test At High Court

    Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.

  • February 21, 2024

    Judge Floats Sanctions For Union's 'Bad Faith' Recusal Bid

    A Michigan federal judge won't recuse himself from a defamation case involving two unions after a claim was raised that he expressed bias against the East Coast, instead asking the defendants why sanctions shouldn't be imposed for "bad faith" litigating.

  • February 21, 2024

    Tenn. Sysco Drivers To Vote On Teamsters Representation

    A National Labor Relations Board official greenlit a union representation election at a Sysco food distribution facility in Tennessee, clearing about 84 employees to vote on Teamsters affiliation after rejecting the employer's argument that the proposed bargaining unit should be broader.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Amentum Can Claim Some COVID Leave Costs From Air Force

    The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.

  • February 20, 2024

    Chicago Rail Co. Tells Court To Prevent Potential Strike

    The Belt Railway Co. of Chicago urged an Illinois federal judge Tuesday to stop a union from going on strike over operations changes, saying the parties' disagreement must first be arbitrated under federal labor law.

  • February 20, 2024

    Starbucks Union Seeks 21 Elections In Drive's Busiest Day

    Starbucks Workers United filed petitions for representation elections at 21 stores in 14 states Tuesday in the campaign's busiest filing day since its summer 2021 launch, the union announced.

  • February 20, 2024

    Pac Bell Illegally Delayed Union Info Bids, NLRB Judge Says

    Pacific Bell Telephone Co. violated federal labor law by delaying responses to information requests from a Communications Workers of America affiliate, a National Labor Relations Board judge found, knocking the AT&T affiliate's contention that the company responded in a reasonable time frame.

  • February 20, 2024

    Wagner Law Adds Atty With Union-Side Background In LA

    Benefits boutique Wagner Law Group added a partner with two decades of experience advocating for unions and workers to its ranks in Los Angeles, bringing on a veteran who said he'll still be "sticking up for employees" even though he'll no longer be representing labor.

  • February 20, 2024

    SEIU Local Beats Cleaner's Race Bias Suit At 2nd Circ.

    The Second Circuit declined Tuesday to revive a race bias suit from a Hispanic office cleaner who said her union unlawfully failed to press a grievance about her workload, saying the worker hadn't shown that prejudice influenced the union's decision making.

  • February 20, 2024

    Benefits Threats Spell New Union Vote At USC Clinic

    About three dozen workers at a University of Southern California health clinic will vote again on whether to join unionized colleagues after a National Labor Relations Board judge found their bosses threatened to cut benefits and cap wages on the eve of their vote.

  • February 20, 2024

    5th Circ. Pauses Transfer Order In SpaceX, NLRB Dispute

    The Fifth Circuit pressed pause on a Texas district court's order to transfer SpaceX's suit over the constitutionality of the NLRB's structure to California, staying the lower court's decision while the appeals court considers the company's petition for writ of mandamus.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Justices Won't Hear Fight Over Limits On Port Labor Protests

    The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.

  • February 16, 2024

    NLRB Member Calls For Rethink Of Unit Clarification Decision

    A National Labor Relations Board panel on Friday denied a United Auto Workers bid to reverse a regional director's decision, with a dissenting NLRB member saying the agency should reconsider precedent over the board's review of unit clarification disputes with ties to arbitration.

  • February 16, 2024

    Plant Must End Union Reps' Discipline, NLRB Tells 6th Circ.

    The Sixth Circuit should enforce the National Labor Relations Board's order for a Michigan manufacturing plant to rescind discipline given to two workers who held union positions, the agency argued Friday, saying ample evidence linked the workers' punishment to their activities as union steward and union committee member.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

  • February 16, 2024

    Ex-Yellow Corp. Workers Push WARN Class Cert In Ch. 11

    Former employees of trucking firm Yellow Corp. told a Delaware bankruptcy court that recognizing them as a class is the best way to handle their claim that the bankrupt company didn't give them adequate warning of layoffs.

Expert Analysis

  • 4 Labor Relations Lessons From Soccer League CBA

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    As a resurgent labor movement prompts employers to consider how to respond to unionization efforts, the first collective bargaining agreement between the National Women's Soccer League and the union representing its players provides important insights, says Chris Deubert at Constangy Brooks.

  • 3rd Circ. Ruling Shows Limits Of Regulating Employer Speech

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    It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.

  • Memo Shows NLRB's Pro-Union Property Access Agenda

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    A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.

  • Combating Micro-Units In The Age Of A Pro-Union NLRB

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    As the increasingly activist, pro-union National Labor Relations Board is poised to revive an Obama-era standard allowing small groups of employees to form bargaining units, employers must adopt proactive strategies to avoid a workplace fractured by micro-units, says James Redeker at Duane Morris.

  • The Prospect Of NLRB Shift On Employers' Anti-Union Speech

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    National Labor Relations Board General Counsel Jennifer Abruzzo recently urged the board to restrict captive-audience meetings that allow employers to attempt to dissuade employees from unionizing, so employers may want to prepare for that potential enforcement shift and proactively revisit their meeting and communication practices and policies, say attorneys at Nixon Peabody.

  • Growth Of Cannabis Industry Raises Labor Law Questions

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    As more states legalize cannabis cultivation, manufacture and use — which remains illegal federally — there may be a wave of new workers in the industry, and businesses will need to consider what law will govern the employer-employee relationship and what role unions will play, say Gabriel Jiran and Sarah Westby at Shipman & Goodwin.

  • 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.

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