Labor

  • November 21, 2024

    NLRB Judge Says Exxon Mobil's 10-Month Lockout Was Legal

    Exxon Mobil lawfully locked out hundreds of United Steelworkers members at a Texas refinery, a National Labor Relations Board judge ruled Thursday, rejecting agency prosecutors' theory that the company shut out workers to push them to decertify the union.

  • November 21, 2024

    6th Circ. Upholds Toss Of Guard's Bias Suit Over Firing

    A union was not motivated by bias when it stopped fighting for an Ohio prison guard's rehire while continuing to fight for her co-worker's, the Sixth Circuit ruled Thursday, upholding a federal judge's ruling in favor of the Ohio Civil Service Employees Association.

  • November 21, 2024

    Unions, ACLU Throw Weight Behind EEOC Bostock Guidance

    The AFL-CIO, SEIU, American Civil Liberties Union, and several business groups and nonprofits have urged a Texas federal court not to scrap U.S. Equal Employment Opportunity Commission guidance interpreting the U.S. Supreme Court's Bostock decision, arguing the guidelines provide critical advice on preventing workplace harassment.

  • November 21, 2024

    NLRB Judge Says Printing Co. Fired Employee For Wage Talk

    A printing company in Texas unlawfully questioned and later fired a worker for talking about pay with colleagues, a National Labor Relations Board judge concluded, finding the employer's explanations for the termination don't pass muster.

  • November 21, 2024

    Unilever Says Arbitrator Ignored Evidence In Firing Case

    An arbitrator disregarded evidence and the Family and Medical Leave Act when she ordered Unilever to reinstate a worker the company had fired for allegedly falsifying company records, the company told a Missouri federal court, urging it to nix the award.

  • November 21, 2024

    NLRB Judge OKs Back Pay Over Minn. Paving Co.'s Objection

    A Minnesota paving company must pay two drivers about $500 each to cover the pay they lost after being unfairly disciplined, a National Labor Relations Board judge held, rejecting the company's attempt to pin the blame for the lost pay on the drivers.

  • November 21, 2024

    Port Union Illegally Called Dissenter A 'Rat,' NLRB Says

    An International Longshore and Warehouse Union affiliate in Alaska violated federal labor law by calling a union member who raised harassment complaints a "rat," the National Labor Relations Board concluded, with the panel splitting over whether the union unlawfully caused the employee's termination.

  • November 21, 2024

    NLRB Judge Clears Michigan Hospital In Firing Case

    A Michigan hospital did not violate federal labor law by firing a longtime nurse who complained about not being able to switch shifts with a co-worker, a National Labor Relations Board judge ruled, saying her complaints were not group concerns protected by the National Labor Relations Act.

  • November 21, 2024

    2nd Circ. Doubts Concrete Cos.' Revival Bid In CBA Fight

    The Second Circuit appeared reluctant Thursday to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, with multiple judges pointing to discovery failures that underpinned a lower court's grant of summary judgment to the union.

  • November 20, 2024

    NLRB Attys Call Legal Support Co. Injunction Bid 'Unjustified'

    A legal support consulting firm should not be granted a "totally unjustified" injunction to block National Labor Relations Board proceedings against it based on a constitutional challenge to the agency's structure, the board argued in Texas federal court, defending removal protections for NLRB members and judges.

  • November 20, 2024

    Attys Get $9K After Seeking $578K For Defending Safeway

    A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.

  • November 20, 2024

    Starbucks, NLRB End Dispute Over Unionizing Threats

    Starbucks and the National Labor Relations Board alerted the Eleventh Circuit that they resolved a dispute over the board's allegations that a Wisconsin cafe manager unlawfully threatened a worker while discussing a Workers United organizing campaign, saying the company and the union have agreed to continue bargaining in good faith.

  • November 20, 2024

    Care Home Co. Shirked Settlement Obligations, NLRB Says

    A Tennessee residential care facility operator must prove to the National Labor Relations Board that it has rescinded the wage discussion ban that landed it in legal hot water, the board said, ruling that the operator hasn't complied with a 2023 settlement to an NLRB case.

  • November 20, 2024

    Hotel Co. Liable For Labor Law Breaches, NLRB Judge Says

    A New Jersey hotel operator violated federal labor law by terminating pro-union workers and not remitting dues to the Hotel and Gaming Trades Council, a National Labor Relations Board judge ruled, saying the company is also on the hook for a previous owner's unfair labor practices.

  • November 19, 2024

    Teamsters Local Dodges Truck Driver's Blacklisting Suit

    A Teamsters local defeated a truck driver's claim that he was blacklisted from working on Pittsburgh film sets after complaining about nepotism in hiring, with a Pennsylvania federal judge ruling Tuesday that the case record lacked evidence that the union shut him out of work.

  • November 19, 2024

    NLRB Sends Back Charter School's Jurisdictional Challenge

    A National Labor Relations Board regional director must weigh whether a New Orleans charter school falls under the agency's jurisdiction based on a Louisiana statute, the board determined after the school claimed it is considered a political subdivision under federal labor law.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    FDNY Says Poor Interviews, Not Bias, Thwarted EMS Workers

    Two union-represented emergency medical service workers with the New York City Fire Department missed their shot at promotions because they performed poorly during their interviews, not because the department discriminates against women, people of color and people with disabilities, the FDNY told a New York federal judge Tuesday.

  • November 19, 2024

    Dialysis Operator Challenges NLRB's Bargaining Order Bid

    National Labor Relations Board prosecutors "cherry-picked" unfair labor practice claims for a California federal court injunction bid seeking a bargaining order, a dialysis centers operator argued, telling the judge the company has been negotiating with a Service Employees International Union affiliate for first contracts.

  • November 19, 2024

    SAG-AFTRA Says Producer Owes $163K Over Romania Shoot

    A production company owes money to the actors on a 2019 action film because it violated a labor agreement by shooting scenes in Romania, SAG-AFTRA told a California federal court, seeking enforcement of an arbitration award in the union's favor.

  • November 18, 2024

    NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told

    A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.

  • November 18, 2024

    2nd Trump Term To Spur Shift In Strategy For Labor Movement

    President-elect Donald Trump's second term will require unions to change tactics after operating under a union-friendly administration for four years, with experts expecting the labor movement to lessen its focus on the National Labor Relations Board and embrace different strategies for organizing workers and forcing employers to the table.

  • November 18, 2024

    Traffic Co. Fights Result Of Work Assignment Grievance

    A traffic control company has asked an Illinois federal judge to vacate a grievance committee's finding that the company assigned work to the wrong union, saying the union raised the work assignment dispute in the wrong way.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Co. Can't Use Loper Bright To Nix NLRB Order, 11th Circ. Told

    The National Labor Relations Board defended its decision finding a security services contractor couldn't avoid negotiating with a union by claiming bargaining unit members were supervisors, telling the Eleventh Circuit that the U.S. Supreme Court's Loper Bright ruling doesn't mean the end of deference to the board.

Expert Analysis

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.