Labor

  • 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

    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

    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.

  • September 25, 2024

    US Steel Clears One Hurdle In $14B Nippon Steel Deal

    An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.  

  • September 25, 2024

    DOL, DOT Call On Rail Cos. To Offer Paid Sick Leave

    The U.S. departments of Labor and Transportation in a letter Wednesday called on three major freight railroad companies to guarantee paid sick leave to all of their employees.

  • September 25, 2024

    11th Circ. Must Send Back NLRB Remedies Case, Co. Says

    The Eleventh Circuit should make the NLRB hold off on seeking enforcement of a refusal-to-bargain decision while the parties wait for the agency to rule on remedies when bargaining opportunities are lost, a chemical manufacturer argued, alleging the Seventh Amendment prevents the board from issuing such relief.

  • September 25, 2024

    9th Circ. Stands By Order For Nexstar To Pay Negotiators

    Nexstar has lost its latest bid to skirt a National Labor Relations Board order compelling it to resume bargaining with a union in Portland, Oregon, and pay its worker-negotiators, with the Ninth Circuit standing by its decision to uphold the board's ruling.

  • September 24, 2024

    NLRB Office Signs Off On Near $450K Deal With Musk Brother

    A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.

  • September 24, 2024

    Fired Welch's Factory Worker Cleared To Return To Work

    A fired Welch's factory employee can return to his job after a Pennsylvania judge upheld an arbitrator's finding that he did not commit the sexual harassment he was accused of.

  • September 24, 2024

    FAA Chief Updates House Panel On Boeing Safety Culture Fix

    The Federal Aviation Administration's chief told a House panel Tuesday that the agency has "dramatically" increased its oversight of Boeing, as lawmakers raised concerns about the pace of Boeing's safety culture overhaul amid an ongoing labor dispute with 33,000 workers.

  • September 24, 2024

    Apple Workers Ratify 1st Contract At Oklahoma City Store

    Retail workers represented by the Communications Workers of America at an Apple store in Oklahoma City ratified a first contract, the union announced Tuesday, saying the three-year deal includes wage increases, a grievance process and weeks of severance pay.

  • September 24, 2024

    Yellow Corp. Can Depose Teamsters President In Ch. 11 Suit

    Bankrupt trucking firm Yellow Corp. can move forward with a deposition of Teamsters President Sean O'Brien, after a Delaware bankruptcy judge declined Tuesday to stay the discovery tied to lawsuits that were filed against the debtor over mass layoffs.

  • September 24, 2024

    EMS Workers Get Class Status In Sex, Race Pay Gap Suit

    A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.

  • September 24, 2024

    Nonprofit's Layoffs Were Illegal, NLRB Judge Says

    A nonprofit advocating for racial equality violated federal labor law by not negotiating with a union before three rounds of layoffs last year, a National Labor Relations Board judge ruled, finding no evidence to support the organization's claim that financial issues warranted its actions.

  • September 24, 2024

    DC Circ. Says Arb. Board Must Handle Rail Union Grievance

    Amtrak lost its appeal to a ruling that ordered an arbitration board to consider whether the rail company must use union labor on a newly acquired building, with the D.C. Circuit upholding a Washington, D.C., federal judge's decision Tuesday.

  • September 23, 2024

    Nonprofit, Union Say Janus Doesn't Apply To NYC Dues Fight

    Two New York City public defenders cannot leverage the U.S. Supreme Court's Janus ruling to stop paying their union because the ruling only applies to public employees and they're technically employed by a nonprofit, argued their employer, union and the city in a motion to dismiss their lawsuit.

Expert Analysis

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.