Labor

  • 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.

  • October 03, 2024

    Sens. Question If Payouts Taint Execs' Push For US Steel Deal

    Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.

  • October 03, 2024

    San Francisco Amazon Workers Demand Union Recognition

    Employees of an Amazon warehouse in San Francisco have demanded that the company recognize the Teamsters as their bargaining representative, becoming the second group of Amazon workers to send a union recognition demand in two weeks.

  • October 03, 2024

    NLRB Backs Off Nationwide Injunction Bid Against Starbucks

    The National Labor Relations Board and Starbucks ended litigation in a Colorado federal court of agency prosecutors' request for a nationwide injunction to stop the coffee chain from firing workers for their union activities.

  • October 02, 2024

    Schultz's Words To Starbucks Barista Are Illegal, NLRB Says

    Starbucks broke federal labor law when former CEO Howard Schultz told a pro-union worker they could "go work for another company" if they weren't happy at the coffee chain, the National Labor Relations Board concluded Wednesday, finding Schultz's "generic assurances against retaliation" didn't let the company off the hook.

  • October 02, 2024

    Cannabis Co. Worker Seeks To Decertify Union In NJ

    A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.

  • October 02, 2024

    Texas NLRB Constitutional Case Transferred, Kept By Judge

    A case by a medical center challenging the constitutionality of the National Labor Relations Board will be transferred from one Texas federal court division to another, but the judge, who previously granted an injunction against board proceedings, will retain the case on his docket.

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Auto Parts Co. Tells 6th Circ. NLRB Judge Is 'Unaccountable'

    An auto parts manufacturer urged the Sixth Circuit to halt National Labor Relations Board proceedings against the company before an "unaccountable" agency judge, arguing the employer would face harm because the administrative judge is unconstitutionally shielded from removal by the president.

Expert Analysis

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • 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.

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