Labor

  • February 13, 2024

    NLRB Defends Starbucks Rehire Order At 3rd Circ.

    The National Labor Relations Board urged the Third Circuit to uphold an order requiring Starbucks to rehire two Philadelphia workers after finding they were fired for union organizing and agitating about improving working conditions, saying the court should reject several constitutional challenges the company made about the board's powers.

  • February 13, 2024

    Starbucks Challenges NLRB Michigan Firing Ruling

    Starbucks lawfully terminated a worker in Michigan for violating a staffing rule, the coffee chain contended to the Sixth Circuit on Tuesday, disputing the National Labor Relations Board's conclusion that the firing was illegal and its compensatory damages award.

  • February 13, 2024

    Starbucks Made Statements With Actual Malice, Union Says

    Workers United accused Starbucks of posting statements with actual malice that relate to the union's now-deleted tweet saying "Solidarity with Palestine," telling a Pennsylvania federal court that the coffee chain implied that the union "committed a felony."

  • February 13, 2024

    2nd Circ. Probes Bias Claims Against Service Workers Union

    A Second Circuit panel on Tuesday scrutinized the parameters of a Service Employees International Union member's claim that her local unit didn't pursue her workload grievance because she's Hispanic, although the judges didn't send any clear signals as to their thinking.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    Railroad Asks 8th Circ. To Undo Fired Worker's Back Pay Win

    Kansas City Southern Railway Co. is fighting a court order requiring it to fully reimburse a wrongfully fired employee for five years of lost pay and benefits, telling the Eighth Circuit on Monday that its question about whether the payout should account for lost vacation time belongs before an arbitrator. 

  • February 12, 2024

    NLRB Judge Says Starbucks Can't Threaten To Cut Tuition Aid

    A Starbucks cafe in upstate New York violated federal labor law by telling workers they'd lose access to free college tuition and be paid less if they unionized, a National Labor Relations Board judge ruled.

  • February 12, 2024

    NLRB Hits DC Excavator With Stiff Remedies In Union Row

    A Washington, D.C., excavating company illegally rebuked a union, a National Labor Relations Board panel found, imposing stiffer-than-usual remedies, including obligations to meet with the union and read a notice to workers alerting them to its labor violations and their organizing rights.

  • February 12, 2024

    Starbucks Didn't Fire Baristas For Using Profanity, ALJ Rules 

    Starbucks violated federal labor law by questioning a worker about unionization at an Illinois cafe and later firing two pro-union employees, a National Labor Relations Board judge ruled, saying the company's terminations of the workers for using profanity didn't match up with past practice.

  • February 09, 2024

    DC Circ. Affirms Union Pension Fund Can Dodge Arb. Awards

    The D.C. Circuit on Friday affirmed two employers' losses in two suits brought by a pension fund for the International Association of Machinists, finding an actuary can set assumptions for a measurement date after the fact based on information that was available as of that date.

  • February 09, 2024

    UFCW Unit Refused To Bargain With Union, NLRB Judge Says

    A United Food and Commercial Workers local illegally refused to bargain with the union representing its organizers, a National Labor Relations Board judge concluded, saying the UFCW affiliate falsely told workers that their union supported firing them.

  • February 09, 2024

    NLRB GC Defends Jurisdiction Agency Suit Against SpaceX

    SpaceX can't escape an administrative suit accusing the company of firing workers for criticizing Elon Musk because it can't show it's an air "carrier" outside the National Labor Relations Board's reach, agency prosecutors said Friday.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    IAM Local Must Face Secondary Boycott Allegations In Calif.

    An International Association of Machinists local must face allegations that union-represented workers violated federal labor law by blocking a delivery truck from exiting a Mercedes dealership during a strike, with a California federal judge saying the dealership may have a case that the action constituted an illegal secondary boycott.

  • February 09, 2024

    Starbucks Lawfully Fired Pro-Union Backer, NLRB Judge Says

    Starbucks was within its rights to fire a pro-union worker and did not unlawfully interrogate employees or surveil strikers at a Kansas store, a National Labor Relations Board judge ruled, while nevertheless finding the company illegally barred discussions about the union.

  • February 09, 2024

    NY Forecast: 2nd Circ. To Hear Eatery Challenge $5M Verdict

    This week the Second Circuit will consider a request from the operator of New York City restaurants to undo a $5 million judgment against it in a class action brought by tipped workers who claimed they were improperly paid under New York law. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 09, 2024

    Proposed NLRB Remedy Could Blunt Worker Firings

    National Labor Relations Board prosecutors' pursuit of a novel remedy that would let unions pick replacements for unfairly fired workers who decline to be reinstated has some basis in the law, but could pose practical challenges.

  • February 09, 2024

    Airline Customer Service Reps OT Exempt, Ariz. Judge Rules

    Airline employees who do not personally engage in transportation-related activities are exempt from the Fair Labor Standards Act's overtime pay rules, an Arizona federal judge ruled.

  • February 09, 2024

    Rules At GM Parts Plant Were Too Broad, NLRB Judge Says

    A General Motors-owned auto parts manufacturer violated federal labor law by maintaining policies against distraction, wasting time and taking company records off the premises without permission at a Michigan facility, an NLRB judge ruled, saying workers could interpret these policies as hemming in union activity.

  • February 09, 2024

    Calif. Forecast: Nurses' Overtime Issue At 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a consolidated collective action dealing with whether nurses for the City and County of San Francisco are exempt from overtime. Here's a look at that case and other labor and employment matters on deck in California.

  • February 08, 2024

    Mass. Appeals Court Won't Revive State Worker's Wage Suit

    A Massachusetts appeals court affirmed Thursday the dismissal of a complaint by a retired state employee seeking to recoup accrued vacation pay against the Commonwealth, finding her claim is precluded under sovereign immunity and she didn't exhaust the grievance procedures in her bargaining agreement.

  • February 08, 2024

    Trader Joe's Fights Union Vote After Atty's 'Solidarity' Gesture

    Trader Joe's mounted a challenge to an independent union's certification in Kentucky, according to a copy of the request for review obtained by Law360 on Thursday, saying an NLRB official wrongly overruled an objection alleging the union's attorney raised his fist and yelled "solidarity."

  • February 08, 2024

    IBEW Local Can't Escape Ex-Officer's Vacation Payout Suit

    An International Brotherhood of Electrical Workers local must face a former officer's claims that the union illegally refused to pay her out for 28 unused vacation days, with a New Jersey federal judge ruling Thursday that the union's bylaws aren't clear on the union's policy for such payouts.

  • February 08, 2024

    Teamsters Escape Suit Over United Airlines Raise Calculations

    The Teamsters were dismissed from a suit brought by United Airlines workers alleging that the union and airline shorted them on raises, with a California federal judge ruling that the Teamsters reasonably decided not to give workers access to wage data or pursue their grievances related to the dispute.

Expert Analysis

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

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