Labor

  • 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.

  • February 16, 2024

    Calif. Forecast: Coverall Wage Cases Head To 9th Circ. Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.

  • February 16, 2024

    NY Forecast: 2nd Circ. Hears Xerox Healthcare Union Case

    In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 16, 2024

    Amazon Joins List Of Employers Challenging NLRB Structure

    Amazon has joined Trader Joe's, Starbucks and SpaceX in challenging the constitutionality of the National Labor Relations Board's structure, saying in a filing in board litigation that NLRB members and judges are unconstitutionally protected from removal by the U.S. president.

  • February 16, 2024

    DC Circ. Sends Ambulance Co. Info Spat Back To NLRB

    The D.C. Circuit on Friday vacated a National Labor Relations Board decision that found an ambulance company unlawfully withheld information from a union, telling the board to review the company's obligation to provide documents under the parties' labor contract.

  • February 16, 2024

    Marty Walsh Talks Labor Sec. Legacy, Julie Su And Hockey

    A year after announcing his departure as U.S. labor secretary, Marty Walsh says his government experience has come in handy as he oversees the professional hockey players' union, including as they prepare to bargain for a new agreement, and that he's willing to keep pushing for the confirmation of his successor.

  • February 15, 2024

    SpaceX Suit Over NLRB Structure Shipped To Calif.

    A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."

  • February 15, 2024

    Pilots Union Requests Dismissal Of Retirement Age Row

    An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.

  • February 15, 2024

    Spa Deal Shows Progress Of NLRB GC's Noncompete Strategy

    A push by the National Labor Relations Board's general counsel to find noncompete agreements illegal has shown progress through an agency settlement requiring a medical spa to tell workers that it will not maintain those provisions or training repayment agreements, though the future of her initiative is uncertain, experts said. 

  • February 15, 2024

    NLRB Denies Starbucks' Appeal Over Sanctions Threat

    The National Labor Relations Board denied a challenge by Starbucks to an agency judge's order mentioning a potential recommendation to "admonish or reprimand" the company's counsel at Littler Mendelson PC over subpoena compliance, with one board member calling for specifics on alleged misconduct.

  • February 15, 2024

    Strike Participation More Than Doubles In Busy 2023

    More than twice as many workers struck in 2023 than in 2022 amid a series of high-profile work stoppages by large units of actors, teachers, and healthcare and manufacturing workers, according to a Cornell University-University of Illinois report released Thursday.

  • February 15, 2024

    Longshoremen's Union Retaliated Against Worker, NLRB Says

    An International Longshoremen's Association local violated federal labor law by causing the suspension of a worker from a hiring hall after he filed internal grievances, the National Labor Relations Board concluded, ordering the union to pay for harm linked to its illegal actions.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    NLRB Denies Starbucks' Explicit Threat Defense At Fla. Store

    Starbucks illegally threatened a lead union organizer in Florida, the National Labor Relations Board concluded Wednesday, tossing Starbucks' claim that it didn't violate federal labor law because there wasn't an explicit threat of retaliation.

  • February 14, 2024

    Restaurant Illegally Fired Striking Workers, NLRB Judge Says

    An '80s-themed restaurant in Houston violated federal labor law by threatening and terminating employees who went on strike, a National Labor Relations Board judge ruled, saying the company gave inconsistent explanations for why the workers were let go.

  • February 15, 2024

    Dartmouth Ruling Tips Off Athletes' Rights Redux At NLRB

    After punting on the issue nearly a decade ago, the National Labor Relations Board is poised to decide whether college athletes can unionize following a regional official's decision to allow a union vote among Dartmouth College men's basketball players.

  • February 14, 2024

    Union Vote Can Stand After Precedent Shift, NLRB Says

    The National Labor Relations Board has upheld a regional official's decision approving a union representation election for housekeeping staff at a Brooklyn hotel, saying the workers have enough in common to form a bargaining unit under a 2022 precedent shift.

  • February 14, 2024

    NLRB Backs Labor Law Violation Ruling Against Caterer

    A kosher food caterer for airlines unlawfully refused to provide a UNITE HERE local with requested information about the company's eligibility for a federal assistance program, the National Labor Relations Board concluded, upholding an agency judge's finding that the information is relevant to a minimum wage dispute.

  • February 13, 2024

    SpaceX Says It Deserves Injunction In NLRB Structure Fight

    A Texas federal judge should block a National Labor Relations Board case against SpaceX from proceeding while the company challenges the constitutionality of the agency's structure in federal court, SpaceX argued in a brief docketed Tuesday, claiming it has met the criteria for a preliminary injunction.

  • February 13, 2024

    NLRB's Joint Employer Rule Gets Long Look In Biz Challenge

    The National Labor Relations Board's revised joint employer test is not just "logically incoherent" but also violates federal labor law, the attorney for a U.S. Chamber of Commerce-led business coalition argued during marathon Texas federal court arguments Tuesday in a bid to block the impending shift.

Expert Analysis

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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