Labor

  • September 30, 2024

    FTC Withdraws From Feds' Merger Review Labor Pact

    The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.

  • September 30, 2024

    AFL-CIO Backs NLRB In 6th Circ. Constitutionality Review

    The United Auto Workers urged the Sixth Circuit not to block a National Labor Relations Board administrative suit accusing a car parts maker of firing a worker to stifle a union drive, saying the proceeding, which the company claims is unconstitutional, hasn't actually harmed it.

  • September 27, 2024

    Ex-NFL Linebacker Wants THC Suit Back In Colorado Court

    A former Denver Broncos player who sued the NFL for discrimination after he was fined more than $532,000 for using medically prescribed synthetic THC is urging a Colorado federal judge return the case to state court.

  • September 27, 2024

    Teamsters Get Boost From Amazon Joint Employer Findings

    Two recent determinations from National Labor Relations Board officials that Amazon jointly employs delivery drivers who work for contractors could bolster the Teamsters' efforts to unionize the workers, experts said, as the union continues its efforts to organize the e-commerce giant. 

  • September 27, 2024

    NLRB Says Co. Illegally Refused To Hire Unionized Workers

    A New Jersey janitorial services company illegally refused to hire union-represented workers from its predecessor, a divided National Labor Relations Board panel ruled Friday, drawing a dissent from the board's lone Republican member, who claimed agency prosecutors "litigated this case against the wrong party."

  • September 27, 2024

    Amazon Urges 5th Circ. To Intervene In NLRB Union Row

    Amazon asked the Fifth Circuit on Friday to block a National Labor Relations Board failure-to-bargain case from unfolding in New York, over the board's continued insistence that the company abused the justice system when it dragged a Texas federal judge into a Staten Island-based fight.

  • September 27, 2024

    NLRB Says School's 'Test-Of-Cert' Pledge Wasn't Threat

    A New York City school launched by the Blue Man Group didn't violate federal labor law by telling workers during a union ballot count that it planned to test the validity of their organizing effort by refusing to bargain should the union drive succeed, a split National Labor Relations Board panel said Friday.

  • September 27, 2024

    DC Circ. Skeptical Of Transformer Co.'s Union Vote Objections

    Judges on the D.C. Circuit pressed an attorney for power transformer company VTCU on why it believes a National Labor Relations Board-overseen vote authorizing a union for the company's workers was flawed when both sides agreed to how it would go down.

  • September 27, 2024

    Shipping Cos. Say Union Won't Bargain As Strike Looms

    A group representing shipping industry employers along the East and Gulf coasts claimed the International Longshoremen's Association violated federal labor law by refusing to negotiate for a new contract, as the union representing thousands of dockworkers gears up for a strike that could begin Oct. 1.

  • September 27, 2024

    Teamsters Say Drivers For Amazon In Queens Want Union

    The Teamsters announced Friday that a majority of workers across the eight package delivery contractors serving an Amazon warehouse in New York City's Queens borough have signed cards attesting to their support for the union.

  • September 27, 2024

    NLRB Declines To Overturn Precedent On Union Salts

    The National Labor Relations Board found that a Georgia manufacturer illegally refused to hire union organizers, but declined to overturn a handful of precedents concerning so-called union salts as the agency's top prosecutor had requested.

  • September 27, 2024

    Dish Network Litigation Director Rejoins Jackson Lewis

    Employment firm Jackson Lewis PC is welcoming back a litigator who most recently was director of litigation with Dish Network as a principal in its Denver office, the firm announced Thursday.

  • September 27, 2024

    NY Forecast: Judge Weighs $1.3M Settlement Final Approval

    This week, a New York federal judge will consider granting final approval to a $1.3 million class action settlement resolving claims that a fast food operator violated state and federal wage and hour laws by not paying workers overtime and deducting business costs from their wages.

  • September 27, 2024

    NLRB Official Approves Union Vote For CVS Pharmacists

    Two pharmacists at a Rhode Island CVS can vote on being represented by an International Association of Machinists affiliate, a National Labor Relations Board official ruled, rejecting the company's argument that the pharmacists are supervisors ineligible to unionize.

  • September 27, 2024

    Calif. Forecast: Logistics Co. Wage Deal Before Court

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a $900,000 deal to end a proposed wage and hour class action against Allegiant Final Mile Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • September 26, 2024

    Feds Rip Railroads' 11th Circ. Bid To Void Train Crew Size Rule

    The U.S. Department of Transportation has told the Eleventh Circuit that its new train crew size rule is intended to promote rail safety, yet railroads have misconstrued the requirement and overblown their purported cost burdens in an effort to torpedo the rule.

  • September 26, 2024

    Dartmouth Cites Loper Bright In Arguing Against Hoops Union

    The conclusion that Dartmouth College men's basketball players are employees under federal labor law shouldn't receive deference under the U.S. Supreme Court's Loper Bright decision, according to a filing from the university, with the school refuting that it illegally refused to bargain with the players' union.

  • September 26, 2024

    Amazon Asks Texas Court To Stop NLRB Case Over NY Union

    Amazon urged a Texas federal judge Thursday to pause a National Labor Relations Board case accusing the company of refusing to bargain with the Amazon Labor Union at a New York City warehouse, saying it will appeal to the Fifth Circuit if the judge doesn't stay the proceedings.

  • September 26, 2024

    Injunction Denials Deepen Fight Over NLRB's Constitutionality

    Two recent federal court decisions denying injunctions to employers that challenged the National Labor Relations Board's constitutionality are serving as the first counterweights to the Fifth Circuit courts' acceptance of these novel theories, offering other judges a path to push back.

  • September 26, 2024

    NLRB Hits Contractor On Layoff Over Improper Filing

    A Michigan electrical contracting business must rehire a worker who was illegally laid off after he reported the company's use of nonunion contractors to a union, the National Labor Relations Board ruled. 

  • September 26, 2024

    NLRB Tells Agency Judge To Reexamine Work Rules Spat

    An administrative law judge must reconsider the lawfulness of workplace rules at an Arizona property management company, the National Labor Relations Board concluded, remanding the case for an analysis under the agency's precedent shift for employer handbook policies.

  • September 26, 2024

    Senate Recesses Without Votes On Biden NLRB Nominees

    The Senate left Washington, D.C., on Wednesday night without plans to return before the November election, leaving two nominees key to the partisan balance on the National Labor Relations Board facing uncertain futures in the chamber.

  • September 25, 2024

    Novel Labor Clause Ruling May Beg Scrutiny In Court

    A controversial demand from the Centers for Medicare and Medicaid Services for prospective contractors to recognize union organizing may stretch the limits of the government's required neutrality in contactors' labor disputes, and a ruling supporting it is likely to attract close scrutiny from courts.

  • September 25, 2024

    NLRB Knocks Starbucks For Punishing Ill. Union Backers

    Starbucks violated federal labor law by punishing one Illinois worker for missing work to fulfill a National Labor Relations Board subpoena and sending another home for clashing with customers who disrupted a labor protest, the board said Wednesday.

  • September 25, 2024

    Ex-IATSE Officer Fights Discipline After Raising Porn Issue

    A former officer for an International Alliance of Theatrical Stage Employees local in New Mexico accused the union of wrongly disciplining him after he spoke up with concerns about the name of another officer appearing on porn websites through an online search.

Expert Analysis

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • 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.

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