Labor

  • March 18, 2024

    Labor Rights And Politics: What Employers Should Know

    Employers that aim to keep politics out of the workplace in this contentious election year should be mindful of federal labor law, experts say, as it may limit their ability to stop workers from touting social causes, especially under President Joe Biden's National Labor Relations Board.

  • March 18, 2024

    USW Says Factory Assigning Double Duty Despite Arb. Award

    An Ohio insulation manufacturer is still making the union-represented staff of its Newark, Ohio, factory perform two jobs at once, the United Steelworkers have claimed in a new lawsuit against the company, seeking to enforce an arbitration award banning the business from mandating so-called double duty.

  • March 18, 2024

    ExxonMobil Info Sharing Rule 'Overbroad,' NLRB Judge Says

    ExxonMobil enforced an "unlawfully overbroad" rule governing the sharing of corporate information, a National Labor Relations Board judge ruled, applying a recent shift in board precedent to find that the company illegally fired a worker who posted an internal email on social media.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    NLRB Asks 2nd. Circ. To Hold Radio Co. In Contempt

    The National Labor Relations Board asked the Second Circuit to hold a radio station operator in contempt for violating a consent judgment enforcing a board decision, saying the station hasn't restored an unlawfully laid-off worker to a comparable position and has given union work to non-union workers.

  • March 15, 2024

    Starbucks Illegally Removed Union Material, NLRB Judge Says

    Starbucks unlawfully took down union material posted at a cafe in Maine and disciplined a worker who wrote "stop union busting" on a whiteboard, a National Labor Relations Board judge found while dismissing other allegations that the company violated federal labor law.

  • March 15, 2024

    DOL Says PBGC Overpayment Returns Don't Violate ERISA

    The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.

  • March 15, 2024

    NY Forecast: 2nd Circ. Hears Schools Admin. Suit Over Firings

    The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.

  • March 15, 2024

    Calif. Forecast: Full 9th Circ. To Hear AB 5 Challenge Args

    In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.

  • March 14, 2024

    Foul-Language Row Met With Fowl Metaphors In Court Showdown

    An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.

  • March 14, 2024

    Union Ends Representation At Medieval Times After 2 Years

    The American Guild of Variety Artists has given up its role as the bargaining representative of Medieval Times workers, according to an announcement from Medieval Times Performers United, ending an organizing effort that began in California and New Jersey about two years ago.

  • March 14, 2024

    NLRB's Cemex Decision Could Impact Injunction Bids In Court

    The National Labor Relations Board's decision loosening the standard for ordering employers to bargain based on labor law violations is likely to change how courts weigh granting injunctions requested by agency prosecutors, experts said, though it remains to be seen whether that shift will lead to more or fewer injunctions.

  • March 14, 2024

    NLRB Certifies Dartmouth Men's Basketball Player Union

    Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.

  • March 14, 2024

    Ind. Nursing Home Nurses Get OK For Teamsters Vote

    A National Labor Relations Board official gave the green light to nurses at an Indiana nursing home to vote on representation by a Teamsters local, rejecting the facility's argument that the nurses are union-ineligible supervisors.

  • March 14, 2024

    Worker Fired Over Union Activity, Not Vax, NLRB Tells DC Circ.

    The D.C. Circuit should uphold a National Labor Relations Board decision finding a real estate management firm illegally fired a union supporter, the board argued, saying evidence doesn't back the company's claim that it lawfully terminated the worker because he hadn't been vaccinated against COVID-19.

  • March 13, 2024

    DOL Slacks On Enforcing Farm Labor Protections, Groups Say

    A group of farmworkers unions and nonprofits that advocate for farmworkers' interests have sued the U.S. Department of Labor in Washington, D.C., federal court, saying the agency hasn't been complying with a 1980 regulation designed to improve its enforcement of farmworkers' legal protections.

  • March 13, 2024

    NLRB Official Expands Bargaining Unit At Colo. Ski Resort

    Volunteer ski patrol workers must be included in a proposed bargaining unit at a Colorado ski resort, an NLRB official found Wednesday, siding with the employer's bid to broaden the unit in a representation election with the Communications Worker of America.

  • March 13, 2024

    FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.

    An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.

  • March 13, 2024

    'Roe v. Wade' Production Co. Ordered To Pay Actors

    A production company that worked on the 2020 film "Roe v. Wade" must pay SAG-AFTRA about $382,000 in a dispute over actors' salaries and benefits, a California federal judge ruled, confirming an arbitration award and granting the union's attorney fee request.

  • March 13, 2024

    NLRB Halts Union Election To Consider SEIU Intervention Bid

    A Service Employees International Union local won its request to pause an election in which workers would choose which of two other security officers' unions would represent them, with the National Labor Relations Board indicating it may consider shifting board precedent for union intervention in representation votes.

  • March 12, 2024

    Trader Joe's Made Illegal Threats Over Raises, NLRB GC Says

    Trader Joe's violated federal labor law by threatening workers at a Kentucky store with the elimination of raises over their potential backing for an independent union, according to National Labor Relations Board prosecutors' complaint obtained by Law360 on Tuesday.

  • March 12, 2024

    SEIU-Backed Calif. City Wage Ordinance Partially Axed

    Federal labor law doesn't preempt parts of a Service Employees International Union-backed ordinance increasing the hourly minimum wage to $25 for healthcare workers in a California city, a federal court ruled, while finding one section of the law could interfere with collective bargaining.

  • March 12, 2024

    Legal Aid Union Subpoenaed Over Israel-Hamas Resolution

    The chair of the House Education and Workforce Committee has subpoenaed a New York City-area union that represents legal aid attorneys, demanding that the union hand over documents related to the passage of a resolution supporting a ceasefire in the Israel-Hamas war.

  • March 12, 2024

    ERISA Preempts Part Of Ill. Law Amedment, Judge Rules

    The portion of an amendment to an Illinois law regulating temporary labor forces agencies to modify their Employee Retirement Income Security Act plans, a federal judge ruled, granting a group of staffing associations and agencies' bid for an injunction.

Expert Analysis

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

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