Labor

  • February 07, 2024

    NJ Panel Backs Retired Cops In Health Insurance Dispute

    Retired police officers for a New Jersey township are entitled to full healthcare benefits without premium payments under a collective bargaining agreement, a state appellate panel ruled Wednesday, upholding an arbitration decision in the police officers' union's favor.

  • February 07, 2024

    Starbucks Flouted NLRA 20 Times In Buffalo Area, Judge Says

    Starbucks violated federal labor law 20 times at a string of unionizing shops in western New York, a National Labor Relations Board judge ruled, saying the company fired Workers United supporters, implied it would close stores due to unionization and blamed the union for staffing issues.

  • February 07, 2024

    Firefighters Won't Receive Pension Hike, Conn. Justices Rule

    Firefighters who voluntarily retired during ongoing collective bargaining proceedings are not entitled to increased pension benefits corresponding with retroactive wage increases, the Connecticut Supreme Court ruled.

  • February 07, 2024

    NCAA Gets Temporary Win In NIL Recruiting Ban Court Fight

    The NCAA won an early victory against states trying to overturn its name, image and likeness rules for incoming athletes when a Tennessee federal judge denied a temporary restraining order request, but the judge signaled that the states may ultimately prevail in arguing that the rules constitute a restraint of trade.

  • February 07, 2024

    Starbucks Argues NLRB Has No Say In Firing Decision

    Starbucks has urged a Michigan federal judge to deny the National Labor Relations Board's request to force the company to rehire two fired workers, saying the board doesn't have the right to interfere with the coffee chain's managerial decisions.

  • February 07, 2024

    NLRB Official Greenlights Security Officers Union Vote

    A National Labor Relations Board official greenlighted a security officers union's representation vote at a New York apartment complex, ruling that there is no contract bar because the petition was specific enough.

  • February 07, 2024

    Starbucks Tainted Vote At Colo. Cafe, NLRB Judge Says

    A National Labor Relations Board judge has recommended a redo in a union representation election at a Colorado Starbucks, saying the coffee giant tainted a 2022 vote by questioning workers about their union support and threatening their future raises and benefits.

  • February 07, 2024

    NLRB Official Dismisses Starbucks Union Ouster Bid In Ore.

    A Starbucks worker's decertification election petition at an Oregon cafe can't proceed, a National Labor Relations Board regional director determined, saying a separate refusal to bargain case prevents the vote from happening at this time.

  • February 07, 2024

    5th Circ. Becoming Proving Ground For NLRB Decisions

    The Fifth Circuit has become a hotbed for employers appealing National Labor Relations Board rulings, and while the court's conservative reputation might make it a favorable venue, the board's policy toward appeals court decisions will limit the court's influence over national labor policy.

  • February 06, 2024

    Google Asks DC Circuit For OK To Contest Union Penalty Bid

    Google asked the D.C. Circuit for permission to defend the National Labor Relations Board's refusal to impose strict penalties for unfair labor practices while simultaneously asserting that its refusal to bargain with a union was not unfair.

  • February 06, 2024

    NLRB's Severance Ruling Is 'Clear Legal Error,' Hospital Says

    The National Labor Relations Board's precedent shift over the lawfulness of severance agreements preventing workers from disparaging their employers is "clear legal error," a Michigan hospital contended to the Sixth Circuit, saying the board didn't balance the rights of the company and workers.

  • February 06, 2024

    Psych Hospital Must Give SEIU Wage Info, NLRB Judge Says

    A University of Pittsburgh-associated psychiatric hospital must give a Service Employees International Union local information about the salaries of nonunion nurses at an affiliated facility, a National Labor Relations Board judge ruled, saying the hospital violated federal labor law by withholding the wage data.

  • February 06, 2024

    Plumbing Co. Refused To Hire Organizers, NLRB Judge Says

    An Indiana plumbing company violated federal labor law by refusing to hire union organizers and letting go of other workers, a National Labor Relations Board judge ruled, citing an example of an anti-union comment from the company's president and a "union-free policy" in an employee manual.

  • February 06, 2024

    'Beaten Up' Eatery Fights NLRB's Pandemic Ruling At 9th Circ.

    A Los Angeles restaurant urged the Ninth Circuit Tuesday to reject the National Labor Relations Board's finding that it failed to bargain in good faith when the COVID-19 pandemic hit, arguing it was being "beaten up" by shut-down orders so negotiations at the time would've been unfruitful "surface bargaining."

  • February 06, 2024

    5th Circ. Hammers Merits In Hearing On NLRB Remedies Case

    The Fifth Circuit appears unlikely to opine on the National Labor Relations Board's revamp of its remedial practices after a Tuesday hearing on the agency's ruling involving software company Thryv focused on the underlying bargaining dispute and the board's reversal of one of its judge's rulings.

  • February 06, 2024

    SEIU Wins Vote Fight At Wash. Nursing Home Before NLRB

    A National Labor Relations Board official correctly held that seven challenged ballots should be counted in a union representation election at a Tacoma, Washington, nursing home, and a new election should be held if the union lost because of the nursing home's preelection conduct, a split NLRB ruled.

  • February 06, 2024

    SEIU President To Step Down After 14 Years

    The Service Employees International Union's president announced Tuesday that she would not seek reelection after 14 years leading the union.

  • February 05, 2024

    NLRB Official Nixes Bid To Oust Starbucks Union At Md. Cafe

    A Starbucks worker can't have a vote to decertify Workers United at a Maryland store, a National Labor Relations Board official determined Monday, saying the ouster bid must be dismissed under board precedent.

  • February 05, 2024

    Dartmouth Men's Hoops Players Get OK For Union Vote

    A National Labor Relations Board official on Monday said players on Dartmouth College's men's basketball team are employees and can vote to unionize, teeing up a test of college athletes' organizing rights.

  • February 05, 2024

    SpaceX Can't Show Harm In Constitutional Row, NLRB Says

    SpaceX hasn't proved how the company faces harm from the litigation of an unfair labor practice proceeding over its firing of eight Elon Musk critics, the National Labor Relations Board contended, defending the constitutionality of the agency's structure.

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    What To Expect As 5th Circ. Mulls Broader NLRB Remedies

    The Fifth Circuit will hear arguments Tuesday in the first test of a National Labor Relations Board ruling that threatens to make employers pay more to workers whose rights they violate. Here, Law360 previews Thryv's challenge to the board's revised remedial arsenal.

  • February 05, 2024

    NIL Suit Heats Up: 'NCAA Defends A World That Doesn't Exist'

    The states of Tennessee and Virginia have ripped the NCAA's defense of its name, image and likeness rules by ridiculing the organization's claim of protecting athletes against professionalism, exploitation and classification as employees, which the states said "defends a world that doesn't exist.''

  • February 05, 2024

    Agency Delay Can't Stop 5th Circ. Back Pay Order, NLRB Says

    The National Labor Relations Board's yearslong delay in resolving a layoffs dispute shouldn't stop the Fifth Circuit from enforcing a back pay award against a plumbing company, the agency argued, saying U.S. Supreme Court precedent supports the board's position in a more than 12-year-long unfair labor practice case.

  • February 05, 2024

    Cemex Bargaining Order Ruling Omitted ULPs, Teamsters Say

    The National Labor Relations Board correctly ordered a cement manufacturer to bargain with the Teamsters after finding the company meddled in a union campaign, but it erred by dismissing a string of unfair labor practice allegations from the blockbuster case, the Teamsters told the Ninth Circuit.

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

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