Labor

  • March 29, 2024

    OSHA Finalizes Rule Letting Unions Join Job Site Inspections

    The Occupational Safety and Health Administration issued a final rule Friday broadening workers' right to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

  • March 29, 2024

    NLRB Says Amazon Had Unlawful Off-Duty Access Rule

    Amazon violated federal labor law by maintaining a policy that restricted off-duty workers' access to a Kentucky facility, the National Labor Relations Board ruled Friday, saying the rule gave the company too much discretion over access and rejecting the company's claim that it quickly walked back the rule.

  • March 29, 2024

    Captive Audience Memo Order Must Stand, 5th Circ. Told

    The Fifth Circuit shouldn't revive staffing companies' First Amendment claim challenging a memo from the National Labor Relations Board's top prosecutor arguing that so-called captive audience meetings are illegal, the lead agency official argued, saying district courts lack jurisdiction to review the allegations over her guidance.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    SEIU Unit Defends Dartmouth Men's Basketball Union Ruling

    The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    Former Prison Contractor Must Pay $112K, 6th Circ. Says

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.

  • March 28, 2024

    4 Takeaways As Hollywood Asks For AI Deepfakes Laws

    Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.

  • March 28, 2024

    Starbucks' 10(j) Push Just 'Semantics,' AFL-CIO Tells Justices

    The AFL-CIO backed the National Labor Relations Board on Thursday in Starbucks' case at the U.S. Supreme Court seeking to unify the standards courts apply to the agency's injunction bids, saying the courts all use effectively the same test, even if some apply more or different factors than others.

  • March 28, 2024

    NLRB Judge Finds Buffalo Starbucks Firings Illegal

    Starbucks violated federal labor law by constructively discharging a former barista in Buffalo, New York, who is now a union spokesperson, a National Labor Relations Board judge ruled, while dismissing other unfair labor practice allegations against the coffee chain involving cut hours and failure to negotiate over discipline.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    AFL-CIO Names Ex-CWA General Counsel For Advocacy Role

    Union federation AFL-CIO announced it has named an experienced attorney who spent nearly 25 years working on government and labor movement matters, including a stint as general counsel with the Communications Workers of America, as its new director of advocacy.

  • March 28, 2024

    Amazon Overreached With Subpoenas, NLRB Judge Says

    Amazon can't force a group of pro-union employees to reveal what they've told National Labor Relations Board prosecutors during investigations into the company's union response, an NLRB judge ruled, trimming a series of subpoenas issued to the workers.

  • March 27, 2024

    Sega Workers Ratify 1st Contract In 'Landmark Moment'

    Unionized Sega of America workers backed the ratification of their first contract with the video game giant, according to an announcement from the union Wednesday, saying the parties agreed to raises, benefits and other protections for workers.

  • March 27, 2024

    DC Circuit Upholds NLRB Firing Decision Despite Legal Shift

    The D.C. Circuit upheld an NLRB ruling that a Cadillac dealer illegally fired a worker even though the board changed the applicable precedent during the appeal, saying Wednesday that the long-running case appears to shake out the same under either version of the shifting standard for worker outbursts.

  • March 27, 2024

    Hospital Co. Can't Quash ERISA Suit Subpoenas, Judge Says

    A Buffalo, New York-area hospital network lost its bid to quash two subpoenas in a proposed Employee Retirement Income Security Act class action Wednesday, with a New York federal judge ruling that the network challenged the subpoenas to two of its advisers in the wrong court.

  • March 27, 2024

    Black Workers' Race Bias Suit Against Union Can't Proceed

    A group of Black workers can't bring race bias allegations against a union, a federal international trade judge concluded, dismissing a proposed class action complaint that claimed the union had a "long history of discrimination" against Black people.

  • March 27, 2024

    Governor Directs Pa. To Use More Project Labor Agreements

    Pennsylvania Gov. Josh Shapiro announced Wednesday that he is directing state agencies to consider including project labor agreements — pre-hiring collective bargaining agreements that can cover multiple contractors and labor unions — in all major capital projects.

  • March 27, 2024

    Employers Wary Of NLRB GC's Work Rule Remedy Push

    The National Labor Relations Board's top prosecutor is pushing to expand available remedies for workers whose employers discipline them under unlawfully overbroad work rules, prompting concerns from employers that the initiative could result in a complicated process for determining who is entitled to the relief.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Rail Union Can't Strike Over Operations Spat, Judge Says

    A dispute between The Belt Railway Co. of Chicago and a rail workers union over operations changes must head to arbitration, an Illinois federal judge ruled, siding with the carrier's claims that a potential strike could cause it harm. 

  • March 27, 2024

    NLRB Seeks Contempt Order In Meat Co. Subpoena Fight

    National Labor Relations Board prosecutors asked a New York federal judge to hold two meatpacking companies in contempt of court for refusing to fully comply with a subpoena in a work transfer dispute, saying their stated reason for withholding certain documents is not valid.

  • March 27, 2024

    House Subpoenas PBGC Over $127M Teamsters Overpayment

    A House committee subpoenaed the Pension Benefit Guaranty Corp. as part of its probe into a $127 million overpayment to Teamsters pensioners who had already died, distributed as part of a multibillion-dollar bailout of multiemployer funds Congress approved during the pandemic.

Expert Analysis

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • 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.

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