Labor

  • September 09, 2024

    Mich. Hospital Unlawfully Ousted Union, NLRB Judge Says

    A Michigan hospital illegally withdrew recognition from a Service Employees International Union local based on a questionable disaffection petition after launching several attacks on the union, a National Labor Relations Board judge ruled, saying the hospital must resume working with the union.

  • September 09, 2024

    NJ Court Won't Rush UAW's Smoking Law Case Appeal

    The New Jersey Appellate Division rejected the United Auto Workers' emergency bid to overturn the dismissal of its suit alleging a law excluding casino workers from secondhand smoking protections violates the state constitution, according to a Friday order.

  • September 09, 2024

    Federal Law Preempts Standby Shift Claims, Oil Co. Says

    Oil refinery workers' claims that they didn't receive compensation for their 12-hour standby shifts require an interpretation of the collective bargaining agreements and the Labor Management Relations Act preempts the claims, a company told a California federal court.

  • September 06, 2024

    Amazon Takes NLRB Constitutional Clash About ALU To Texas

    Amazon called for a halt to a National Labor Relations Board case that accuses the e-commerce giant of illegally refusing to negotiate with the Amazon Labor Union at a New York City warehouse, with the company raising its constitutional claims against the agency in Texas federal court.

  • September 06, 2024

    Starbucks Finds Interest For Appeal In Shareholder Suit

    A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.

  • September 06, 2024

    Ex-Union Head's Nephew Eyes Plea Change In Extortion Case

    The nephew of convicted felon and the former business manager of International Brotherhood of Electrical Workers Local 98 is scheduled for a change of plea hearing on extortion charges stemming from allegedly intimidating a contractor on the Live! Casino construction project.

  • September 06, 2024

    Union Says USPS Won't Comply With Work Assignment Order

    A D.C. federal judge should make the U.S. Postal Service follow an arbitrator's order to assign mail-truck unloading work to union members in Denver, a postal workers' union argued, saying court intervention is needed because the USPS still allows private truck drivers to perform that work.

  • September 06, 2024

    4 ERISA Arguments To Watch In September

    The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.

  • September 06, 2024

    US Steel Cos., Workers Seek New Tariffs On Foreign Steel

    Domestic steel companies and a labor union are seeking additional antidumping and countervailing duties on corrosion-resistant steel imports, telling U.S. trade officials that overseas producers used unfair trade practices to gain an edge in the U.S. market.

  • September 06, 2024

    NLRB Defends Google Joint Employer Holding At DC Circ.

    The National Labor Relations Board told the D.C. Circuit that Google and its contractor, Cognizant, exercised the level of control typical of joint employers, urging the court to keep the board's conclusion that the two entities must bargain together with a union.

  • September 06, 2024

    NLRB Denied Indicative Ruling Bid In SpaceX Dispute

    The National Labor Relations Board can't have an indicative ruling to pause an unfair labor practice case against SpaceX amid a challenge to the constitutionality of the board's structure, a Texas federal judge ruled, saying the agency didn't file a separate motion requesting such relief.

  • September 06, 2024

    NY Forecast: 2nd Circ. Hears Amazon Security Search Row

    This week, the Second Circuit will consider a group of workers' attempt to revive their claim that Amazon owed them pay for time they spent undergoing anti-theft screenings after their shifts and during breaks.

  • September 06, 2024

    NLRB Official OKs Grassroots Union Vote At NYC Nonprofit

    A National Labor Relations Board official has granted a grassroots union's petition for a representation election at a New York City nonprofit, rejecting the nonprofit's argument that the newly established union isn't built out enough to qualify as a labor organization under federal law.

  • September 06, 2024

    Calif. Forecast: 9th Circ. To Hear Charter Overtime Suit Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a wage suit against Charter Communications alleging overtime pay violations. Here's a look at that case and other labor and employment matters on deck in California.

  • September 05, 2024

    Bad Bunny Sports Firm In Contempt Over MLBPA Arbitration

    A federal judge in Puerto Rico has found the sports agency tied to music megastar Bad Bunny in contempt, saying the firm defied the court's order to arbitrate claims accusing the Major League Baseball Players Association of hobbling its business.

  • September 05, 2024

    Teamsters Steward Candidate Claims Leaders Defamed Him

    A candidate in a steward election accused a Teamsters affiliate's top leaders of spreading falsehoods about him in the run-up to the vote, telling a Michigan federal judge that the defamatory statements led him to lose.

  • September 05, 2024

    2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit

    The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.

  • September 05, 2024

    Minn. Health System Wants Union's Arbitration Award Axed

    A Minnesota healthcare system urged a federal court to throw out an arbitrator's award in favor of a union, saying the arbitrator ran afoul of a collective bargaining agreement by penalizing the system under state law for recouping wages it overpaid to several employees.

  • September 05, 2024

    2nd NLRB Official Says Amazon Jointly Employs Drivers

    A second National Labor Relations Board official has determined that Amazon jointly employs delivery drivers who work for a contractor, setting up a potential complaint accusing the company of threatening workers over unionization efforts.

  • September 05, 2024

    Worker Illegally Demoted For Pay Complaints, NLRB Rules

    A commercial truck driver training company violated federal labor law by demoting a worker who complained about a lack of timely pay, a divided National Labor Relations Board panel determined in granting default judgment, while one board member found that evidence didn't show the business was served board prosecutors' complaint.

  • September 04, 2024

    LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told

    A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.

  • September 04, 2024

    Union Discriminates Against Blacks, Latinos, Technician Says

    An entertainment industry union local's admissions and job referral practices make it harder for Black and Latino applicants to secure union membership and positions at production studios like HBO and CBS, an electrical technician alleged in a proposed class action filed in New York federal court.

  • September 04, 2024

    NLRB Says Deference Not Needed In Solo Protest Case

    The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.

  • September 04, 2024

    SEIU Unit Asks 8th Circ. To Grant It Reading Remedy

    A Service Employees International Union affiliate told the Eight Circuit that the National Labor Relations Board wrongly decided not to award a notice reading for a Missouri hospital, arguing that the hospital engaged in widespread labor law violations.

  • September 04, 2024

    Concrete Co. Owes Workers $370K, Wash. Panel Says

    A Washington appeals court refused to overturn a state agency's determination that a concrete company owes workers more than $370,000 in wages for working at a disposal site, saying the work was sufficiently related to a public works project to trigger the state's prevailing wage law.

Expert Analysis

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 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.

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