Labor

  • October 11, 2024

    Teamsters Demand Intervenor Status In 5th Circ. Amazon Feud

    The Fifth Circuit must permit the Teamsters Amazon National Negotiating Committee to intervene in Amazon's constitutional fight against the National Labor Relations Board, the committee argued, saying limits on the group's participation are detrimental to the workers it represents.

  • October 11, 2024

    Calif. Forecast: $12M PNC Wage Deal Heads To Judge

    In the coming week, attorneys should keep an eye out for the potential final approval of a nearly $12 million deal to resolve a wage and hour class action against PNC Bank NA. Here's a look at that case and other labor and employment matters coming up in California.

  • October 10, 2024

    Energy Co. Tells 5th Circ. Not To Combine NLRB Challenges

    An energy company asked the Fifth Circuit on Thursday to keep three disputes involving the structure of the National Labor Relations Board separate, arguing consolidation isn't the right call because the cases have different facts.

  • October 10, 2024

    NLRB Judge Says SPLC Lawfully Changed Workers' Duties

    The Southern Poverty Law Center did not violate federal labor law by changing executive assistants' job duties after they were added to a union as part of a settlement, a National Labor Relations Board judge ruled Thursday, calling the change necessary to the workers' union eligibility.

  • October 10, 2024

    Ports Dispute Highlights Labor's Growing Automation Fight

    The recent tentative wage agreement resolving a short lived strike at ports along the East and Gulf coasts has highlighted the role disputes over automation will play in upcoming contentious negotiations between a dockworkers union and shipping companies, the latest high-profile talks to center on the topic.

  • October 10, 2024

    Ill. Co. Tells 7th Circ. It Deserved Hearing Before NLRB Order

    The National Labor Relations Board trod on an Illinois plumbing and fire suppression company's due process rights when it ordered the company to resume recognizing a Plumbers local without a hearing on whether the company violated a settlement by withdrawing recognition, the company told the Seventh Circuit.

  • October 10, 2024

    Starbucks Baristas Take NLRB Constitutional Row To DC Circ.

    Two Starbucks baristas trying to oust Workers United from stores in the Buffalo, New York, area told the D.C. Circuit to revive their challenge to removal protections for National Labor Relations Board members, arguing a lower court wrongly found the workers lacked standing.

  • October 10, 2024

    Trucking Co. Says Owner's Anti-Union Words Were Hyperbolic

    A Virginia trucking company's owner was exaggerating when he told his staff they would have gotten raises if it wasn't for a union "trying to steal money out of your paychecks," the company told the Fourth Circuit, saying the "hyperbolic" statement was protected by the First Amendment.

  • October 10, 2024

    Lawmakers Want Calif. Colleges To Flex NIL Muscle

    As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.

  • October 09, 2024

    Boeing Rescinds Wage Offer As IAM Strike Enters 4th Week

    Boeing has withdrawn its most recent wage offer to more than 33,000 employees who've been on strike for nearly a month, prolonging a labor standoff with the International Association of Machinists and Aerospace Workers that has grounded some of Boeing's key production lines to a halt.

  • October 09, 2024

    American Airlines Escapes OT Claim For Log-In Time

    American Airlines was cleared of a customer service representative's overtime wages claim under the Fair Labor Standards Act for time spent logging in before his shift, an Arizona federal judge ruled Wednesday, finding the worker is exempt from overtime based on his job responsibilities.

  • October 09, 2024

    NLRB Official Sets Vote On Union Ouster At Painting Co.

    Workers at a Georgia painting, landscaping and carpentry business can vote on removing a painters union, a National Labor Relations Board official has ruled, rejecting the union's argument that the worker who filed the petition is a supervisor.

  • October 09, 2024

    National Basketball Players Association Head Joins JAMS

    An attorney known for becoming the first woman to head a major professional sports union in North America has decided to take the next step of her career at JAMS, the alternative dispute resolution service announced on Tuesday.

  • October 09, 2024

    5th Circ. Must Nix NLRB's Harms Remedy, Trader Joe's Says

    The National Labor Relations Board exceeded its powers under federal labor law when ordering Trader Joe's to pay a fired employee in Houston for "pecuniary harms," the grocery chain argued, telling the Fifth Circuit to reject the board's remedy and conclusions that the worker who raised complaints was illegally terminated.

  • October 09, 2024

    Stellantis Keeps Hitting UAW With Suits Over Strike Threat

    Stellantis sued the United Auto Workers affiliate representing its Denver parts facility workers over their recent strike authorization vote, saying in its 11th lawsuit filed against the union in the past week that the UAW manufactured "sham grievances" to justify a mid-contract strike over a "promise" the company didn't make.

  • October 08, 2024

    New GC Memo May Rein In 'Stay Or Pay' Schemes

    A new memo by the National Labor Relations Board's top prosecutor aimed at curbing contracts that impose thousands of dollars in training or other costs on workers who quit or lose their jobs sets a tough test for employers that use so-called stay or pay agreements to retain workers.

  • October 08, 2024

    NLRB Official Tosses Bid To Oust Trader Joe's Union

    A National Labor Relations Board official dismissed a National Right to Work Foundation-backed effort to oust the union from the first Trader Joe's store to successfully organize, holding Tuesday that the decertification petition can't proceed while the company stands accused of nearly two dozen federal labor law violations.

  • October 08, 2024

    NLRB Quashes Amazon's Recusal Request In NY Firing Row

    The National Labor Relations Board's three Democratic appointees denied Amazon's request for the trio to recuse themselves from an agency case about the firing of a worker in Staten Island, New York, saying Tuesday the e-commerce giant's constitutional claims would not have justified dismissing the four-year case.

  • October 08, 2024

    Yellow Tells 10th Circ. To Revive Claims Against Teamsters

    Yellow Corp. called on the Tenth Circuit to reverse a lower court's dismissal of the company's $137 million lawsuit against the Teamsters that claimed the union led the nearly 100-year-old company to shutter, saying the business wasn't required to exhaust the grievance process under a contract.

  • October 08, 2024

    DC Circ. Appears Iffy About Reviving Bias Suit Against Union

    The D.C. Circuit seemed reluctant Tuesday to reopen a retired government employee's discrimination suit against a federal employee union, with several judges suggesting that her claims don't belong in federal court.

  • October 08, 2024

    Coca-Cola Distributor Says Job Task Arb. Award Was Proper

    A Michigan federal judge should affirm an arbitration award that allowed a Coca-Cola distributor to reassign several tasks performed by its laborers to its drivers, the distributor said, saying its workers' union is wrong to argue that the award lacks a basis in the collective bargaining agreement.

  • October 08, 2024

    1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit

    A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.

  • October 08, 2024

    5th Circ. Skeptical Of Suit Over NLRB Captive Audience Memo

    The Fifth Circuit gave a cool reception Tuesday to staffing companies challenging a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, with judges questioning whether the document is the type of board action subject to court review.

  • October 08, 2024

    Colo. Freed From Union Protest Of Southwest Sick Leave Deal

    Colorado isn't on the hook for claims by a union representing Southwest Airlines flight attendants related to a settlement between the state and airline about a sick leave law, a state court judge ruled, finding the union lacks standing to raise its allegations.

  • October 08, 2024

    NLRB Official Says Parking Co. Must Hire Union Workers

    The National Labor Relations Board's Brooklyn office is seeking an injunction compelling a Long Island hospital's valet parking contractor to hire nearly three dozen workers employed by its predecessor, telling a New York federal judge that the contractor illegally refused to hire the workers because they were union-affiliated.

Expert Analysis

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

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