Labor

  • October 07, 2024

    Hospital's Constitutional Challenge Is Meritless, NLRB Argues

    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.

  • October 07, 2024

    NLRB GC Details Theory That 'Stay-Or-Pay' Clauses Are Illegal

    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.

  • October 07, 2024

    NLRB Member Shows Clues To Possible Shifts Under GOP

    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.

  • October 07, 2024

    Justices Want SG's Take On Union Pension Withdrawal Case

    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.

  • October 07, 2024

    NLRB Fights Amazon's Deference Challenge In 7th Circ. Spat

    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.

  • October 07, 2024

    Chemical Manufacturer Keeps Win In Firing Fight With Union

    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.

  • October 07, 2024

    Justices Reject Hotel's Challenge To Anti-Union Bias Ruling

    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.

  • October 07, 2024

    Justices Won't Hear Hospital Challenge To NLRB Rehire Order

    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.

  • October 04, 2024

    Stellantis' Fiat Chrysler Sues UAW Over Strike Threats

    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.

  • October 04, 2024

    Tesla's Workplace Tech Rules Are Lawful, NLRB Judge Says

    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.

  • October 04, 2024

    Off-Broadway Workers To Vote On Union Representation

    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.

  • October 04, 2024

    USDA Updates Regulation Without Labor Compliance Portion

    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.

  • October 04, 2024

    Paramount Hit With WARN Act Suit Over NYC Layoffs

    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.

  • October 04, 2024

    Calif. Forecast: O'Reilly $4M COVID Screening Deal At Court

    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.

  • October 04, 2024

    NY Forecast: Judge Mulls ConEd's Bid To Toss Atty's Bias Suit

    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.

  • October 04, 2024

    NLRB Official Rejects Gym's Challenge To Union Election

    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.

  • October 04, 2024

    Union Wrongly Cut Biz Agent's Seniority, NLRB Judge Says

    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.

  • October 03, 2024

    ACLU Fights NLRB Judge's Order To Rehire Outspoken Atty

    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.

  • October 03, 2024

    East Coast Ports Strike Suspended Under Tentative Wage Deal

    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.

  • October 03, 2024

    4th Circ. Orders Damages Redo In Metal Worker Benefits Fight

    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.

  • October 03, 2024

    Workers Seek To Unionize At Cheech & Chong's Pot Shop

    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.

  • October 03, 2024

    It's Hard To Read NLRB As It Declines To Change Precedents

    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.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    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.

  • October 03, 2024

    5th Circ. Must Merge NLRB Constitutional Cases, Agency Says

    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.

  • October 03, 2024

    2nd Circ. Reverses Unsealing Of Janitor's Arbitration Award

    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.

Expert Analysis

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

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

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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.

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