Labor

  • July 25, 2024

    Wash. High Court Tosses Nurse's Religious Bias Lawsuit

    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.

  • July 25, 2024

    USDA Drops Push To Certify Contractors' Labor Compliance

    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.

  • July 25, 2024

    Starbucks Threatened Loss Of Tuition At NY Cafe, NLRB Says

    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.

  • July 25, 2024

    Union Rightly Certified At Dispensary, NLRB Tells DC Circ.

    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.

  • July 25, 2024

    Rising Star: Jones Day's Kristina Yost

    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.

  • July 25, 2024

    Calif. Justices Rule Prop 22 Is Constitutional

    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.

  • July 24, 2024

    NLRB May Change Tack After Dropped Joint Employer Appeal

    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.

  • July 24, 2024

    Safeway Gets Early Win In Floor Co.'s SEIU Conspiracy Suit

    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.

  • July 24, 2024

    CUNY Profs Ask Justices To Take Challenge To NY Union Law

    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.

  • July 24, 2024

    NLRB GC Calls For 'Unprecedented' Remedy, Starbucks Says

    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.

  • July 24, 2024

    Starbucks Shorted Union Workers On Raises, Judge Says

    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.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    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.

  • July 24, 2024

    Rising Star: Weil's Rebecca Sivitz

    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.

  • July 23, 2024

    7th Circ. Affirms Ruling Mining Co. Flouted Labor Law

    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.

  • July 23, 2024

    Construction Co. Protests Union Clause In Army Corps Deal

    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.

  • July 23, 2024

    Hotel Says Justices Must Address NLRB Policy Post-Chevron

    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.

  • July 23, 2024

    University Of Chicago Union Hit With Antisemitism Claims

    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. 

  • July 23, 2024

    Chamber Pans NLRB's 'Amorphous' JE Rule Interpretation

    The U.S. Chamber of Commerce and other business groups urged the D.C. Circuit to reject a National Labor Relations Board decision requiring Google and a contractor to bargain with YouTube Music workers, saying the agency relied on an "amorphous conception" of joint employer law in reaching the decision.

  • July 23, 2024

    Union, Workers Can't Halt Release Of Therapy Docs

    An AFL-CIO affiliated union can't stop a utility company from requesting therapy notes from three workers who are trying to return to work from short-term disability, a Pennsylvania federal judge ruled, saying that there is a lack of irreparable injury.

  • July 23, 2024

    Texas Judge Says SpaceX Will Likely Win NLRB Challenge

    A Texas federal judge explained Tuesday why he blocked a case against SpaceX from proceeding before the National Labor Relations Board, saying he thinks the company is likely to win its constitutional challenge to the agency's structure.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Co. Illegally Refused To Hire Union Backers, NLRB Judge Says

    A heating and air conditioning installation company in Georgia violated federal labor law by refusing to hire workers who were union organizers, a National Labor Relations Board judge found, saying the company's owner made comments showing anti-union bias.

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 22, 2024

    Investment Adviser Seeks To Ax Union Fund's Bad Advice Suit

    A union pension fund that claims it lost $30 million due to bad investment advice it received in the mid-2010s missed its chance to challenge that advice, an investment advisory firm argued in California federal court, saying the fund blew past its deadline to sue and didn't qualify for an extension.

  • July 22, 2024

    NLRB Official Greenlights Union Vote For Ky. Plumbing Techs

    A group of plumbing technicians can vote on union representation, a National Labor Relations Board regional director concluded, saying the election will move forward despite a company's claim that "supervisory taint" affected employees' unionization bid.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • 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.

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