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July 26, 2024
In the coming week, attorneys should watch for oral arguments at the Ninth Circuit regarding whether warehouse workers are interstate transportation workers and therefore exempt from federal arbitration requirements. Here's a look at that proposed class action and other labor and employment matters on deck in California.
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July 26, 2024
BNSF Railway violated the Railway Labor Act by eliminating certain union positions at a Minnesota locomotive maintenance shop and assigning out those jobs' tasks to employees in other crafts, the International Brotherhood of Boilermakers said in a suit filed in Minnesota federal court.
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July 26, 2024
The National Labor Relations Board on Friday finalized its rule rolling back Trump-era changes to union election procedures, restoring policies blocking union representation elections when an employer is alleged to have tainted the vote and insulating unions from removal if an employer voluntarily recognizes them.
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July 25, 2024
A public employee relations agency secured an early win against claims from Florida teachers unions that provisions in a state law pertaining to dues deductions and recertification violated the U.S. Constitution, a federal judge ruled, sending only one contracts clause allegation to trial.
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July 25, 2024
The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.
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July 25, 2024
After a year and a half of bargaining that hasn't yielded a union contract, SAG-AFTRA members who provide voiceover and acting work for video games are going on strike, the union announced Thursday.
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July 25, 2024
A Texas federal judge again denied SpaceX's request that he reconsider an earlier decision transferring to California the company's challenge to the constitutionality of the National Labor Relations Board, reaffirming a May decision holding the company did not provide good reason to rethink the transfer.
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July 25, 2024
During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers.
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July 25, 2024
A state-run residential care facility was allowed to fire a nurse who kept requesting religious leave after the facility had already given her nine days off to practice nondenominational Christianity — seven more religious days than its union contract required, Washington state's high court ruled Thursday.
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July 25, 2024
The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.
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July 25, 2024
Starbucks illegally threatened the loss of a free college tuition benefit if workers unionized at a cafe in upstate New York, the National Labor Relations Board determined while affirming an agency judge's finding that the coffee chain's so-called captive audience meetings were lawful.
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July 25, 2024
The D.C. Circuit should reject a Phoenix cannabis dispensary's challenge to union certification, National Labor Relations Board attorneys argued, saying an agency official properly certified a United Food and Commercial Workers local as the dispensary workers' representative after tossing the argument that the union election notice was tainted.
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July 25, 2024
Kristina Yost of Jones Day has acted as lead counsel for Bloomberg LP in several high-profile Fair Labor Standards Act suits, helped a manufacturing company defeat a suit claiming it failed to pay overtime and worked to resolve an age discrimination case against IBM, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 25, 2024
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 24, 2024
The National Labor Relations Board's decision last week to drop its appeal of a Texas federal judge's decision striking down its joint employer regulation leaves the future of the policy uncertain, with experts saying one option is for the board to return to setting the standard by deciding cases.
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July 24, 2024
A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.
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July 24, 2024
Six City University of New York professors have asked the U.S. Supreme Court to ax a state law that lets unions represent all employees of certain public-sector workplaces, saying the law violates their First Amendment right to dissociate from advocacy groups that support policies they oppose.
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July 24, 2024
Union organizing did not lead Starbucks to combine three stores in Seattle into one corporate unit, the coffee giant argued to a National Labor Relations Board judge, opposing agency prosecutors' bid for various remedies, including an "unprecedented" disbandment of a business operation called the Heritage District.
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July 24, 2024
Starbucks violated federal labor law by offering smaller raises to employees of stores where workers started a nationwide union drive than it did to nonunion workers, a National Labor Relations Board judge ruled, recommending a broad cease-and-desist order against the company given its "proclivity" to break the law.
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July 24, 2024
Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.
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July 24, 2024
Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 23, 2024
The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes before their shift, but it denied a union's bid to extend the violation to strike replacements.
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July 23, 2024
Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.
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July 23, 2024
The U.S. Supreme Court should step into a dispute over how National Labor Relations Board prosecutors prove that employers harbor anti-union bias, considering the justices just held that courts have greater authority than agencies to interpret federal statutes, a Los Angeles hotel told the high court.
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July 23, 2024
A nonprofit advocating for graduate students accused the union representing them at the University of Chicago of antisemitism, claiming the union is violating the First Amendment by making student workers pay fees to continue their employment despite statements the union has made about the war in Gaza.