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October 07, 2024
A Massachusetts hospital should not be allowed to pause an administrative case accusing it of flouting federal labor law by arguing that the National Labor Relations Board is unconstitutionally structured, the agency told a Washington, D.C., federal judge, calling the argument meritless and prematurely raised.
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October 07, 2024
The National Labor Relations Board's top prosecutor on Monday mapped out her theory for why provisions requiring employees to pay if they leave a company are presumptively illegal, giving employers 60 days to ensure any so-called stay-or-pay clauses are narrowed to limit infringement on workers' rights.
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October 07, 2024
The National Labor Relations Board's lone Republican appointee used recent decisions to comment on how the board analyzes employer and union misconduct in elections and call for overturning a precedent on assessing pro-union supervisor comments, which experts said could indicate how a future Republican board would treat similar cases.
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October 07, 2024
The U.S. Supreme Court asked the federal government Monday to weigh in on an employer-side petition in a fight over what actuarial assumptions multi-employer pension funds are allowed to use under federal benefits law when determining an employer's withdrawal liability.
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October 07, 2024
The Seventh Circuit must uphold the National Labor Relations Board's decision finding Amazon had an unlawful off-duty access rule, the board argued, saying the U.S. Supreme Court's overrule of the so-called Chevron deference doctrine doesn't disturb standards for reviewing agency orders.
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October 07, 2024
A chemical and ammunition manufacturer can keep its win in a firing dispute with a union, a Texas federal judge said Monday, standing by his decision to overturn an arbitrator's reinstatement order.
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October 07, 2024
The U.S. Supreme Court declined Monday to review a Ninth Circuit ruling that said the National Labor Relations Board relied on ample evidence when it found a Los Angeles hotel used a renovation as cover to ditch its workers' union.
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October 07, 2024
The U.S. Supreme Court said Monday that it will not consider a New York hospital's challenge to a National Labor Relations Board decision finding it violated federal labor law by firing a nurse who confronted a manager about negotiations of a labor contract.
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October 04, 2024
Fiat Chrysler has sued the United Auto Workers in California federal court alleging the union has violated the current collective bargaining agreement by threatening to strike over what the union perceives as the company's delays in investing in and reopening certain manufacturing facilities.
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October 04, 2024
Tesla didn't violate federal labor law by having workplace rules limiting the use of company technology at its Buffalo, New York, plant where workers were organizing, a National Labor Relations Board judge ruled Friday, finding the policies can't be viewed as infringing on employees' rights.
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October 04, 2024
The employees of an off-Broadway theater organization called Theatre Row will vote on representation by the independent Theatre Shop Union later this month, a National Labor Relations Board official said Friday.
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October 04, 2024
The U.S. Department of Agriculture filed a final rule Friday tweaking an acquisition regulation after nearly 30 years since a previous overhaul, but the rule doesn't include a proposal that would have required federal contractors to certify compliance with federal and state labor laws.
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October 04, 2024
Paramount violated the New York Worker Adjustment and Retraining Notification Act by laying off more than 300 New York City-based employees without the required 90 days' notice, a new proposed class action filed in New York federal court alleges.
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October 04, 2024
In the coming week, attorneys should watch for potential final approval of a deal to resolve a class action alleging O'Reilly Auto Enterprises failed to pay for time workers spent in COVID-19 screenings. Here's a look at that case and other labor and employment matters on deck in California.
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October 04, 2024
This week, a New York federal judge will consider whether to toss a former ConEd attorney's lawsuit claiming she was discriminated against on the basis of her age and gender.
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October 04, 2024
The director of the National Labor Relations Board's Brooklyn office certified a union at a rock climbing gym in the New York City borough, rejecting the gym's claim that workers were pressured into voting yes because a supervisor supported the union and there were pro-union posters near the polling place.
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October 04, 2024
A Teamsters affiliate in Alaska breached its duty of fair representation by slashing a truck driver's seniority when he came back to work after being a union business agent, a National Labor Relations Board judge ruled, finding the union's take on a labor contract's seniority clause wasn't reasonable.
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October 03, 2024
The American Civil Liberties Union is fighting a National Labor Relations Board judge's order to rehire an attorney who tweeted disparaging remarks about her bosses, doubling down on its argument that her firing was justified because she'd committed public insubordination and used anti-Black language in the workplace.
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October 03, 2024
After a three-day strike, tens of thousands of dockworkers on the East and Gulf coasts will head back to work because International Longshoremen's Association union leaders reached a tentative wage agreement late Thursday with the group that represents container carriers, marine terminal operators and port employers.
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October 03, 2024
The Fourth Circuit ruled Thursday that a Maryland-based sheet metal manufacturer violated federal benefits law by underpaying contributions it owed to a group of union benefit plans, but said a trial court needs to take another shot at calculating damages.
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October 03, 2024
Workers at a Massachusetts cannabis dispensary affiliated with stoner comedy stars Richard "Cheech" Marin and Tommy Chong have petitioned the National Labor Relations Board to hold a union election.
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October 03, 2024
The National Labor Relations Board has declined numerous invitations to shift its precedent in unions' favor in recent weeks, in many cases with little or no explanation as to why. But the board's reticence to change key policies in these cases doesn't mean it won't in the future.
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October 03, 2024
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
The Fifth Circuit should combine appeals of district court orders halting unfair labor practice proceedings against SpaceX and other companies in connection with their constitutional challenges to the National Labor Relations Board's structure, the board argued, saying the injunctions have "put justice on hold" for workers.
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October 03, 2024
A Second Circuit panel ruled that a $57,100 arbitration award in a misclassification suit against a cleaning company must remain confidential, flipping a Connecticut federal court's decision unsealing the award and declining to dismiss the case.