Labor

  • May 31, 2024

    DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

    The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

  • May 31, 2024

    Transit Co. Wrong To Snub Union In Dallas, NLRB Judge Says

    A company that took over providing certain public transit services in the Dallas area unlawfully refused to work with a union that represented the majority of its drivers, a National Labor Relations Board judge ruled, deeming the company a successor to the workers' previous employer.

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 30, 2024

    Chamber Backs Home Depot In BLM Slogan Row At 8th Circ.

    The U.S. Chamber of Commerce backed Home Depot's challenge of a National Labor Relations Board decision finding the retailer illegally told a worker to remove a Black Lives Matter slogan on their apron, telling the Eighth Circuit that the board hadn't shown a connection between individual and group actions.

  • May 30, 2024

    Lawmakers Urge NLRB To Investigate Claims Against Google

    A group of nearly 50 lawmakers asked the National Labor Relations Board's general counsel to quickly investigate unfair labor practice allegations against Google and its contractor Cognizant, saying the outcome of these cases could "set important precedent" for workers and companies.

  • May 30, 2024

    NLRB Judge Hits Nursing Homes For Bad Faith Bargaining

    The operators of six Connecticut nursing homes bargained in bad faith with a Service Employees International Union local and refused to rehire workers who went on strike to protest their unlawful implementation of a contract, a National Labor Relations Board judge ruled in a case that stretches back more than 12 years.

  • May 30, 2024

    Teamsters Urge Court To Keep Airline Retaliation Suit Alive

    The Teamsters have asked a Minnesota federal judge to preserve their allegations that Sun Country Airlines retaliated against workers for participating in a union drive, saying the judge should toss the company's bid to dismiss the suit.

  • May 30, 2024

    NLRB Says Member Conflict Rightly Doomed Exxon Mobil Win

    The National Labor Relations Board has asked the Fifth Circuit to preserve a board holding that Exxon Mobil refused to bargain with a union, defending its decision to nix the oil giant's initial victory in the case after discovering that a board member had invested in a fund containing Exxon stock.

  • May 30, 2024

    Ford Settles Union Worker's Retirement Credit Suit

    Ford Motor Co. and a union retirement plan have agreed to settle an employee's proposed class action claiming the company improperly calculated retirement benefits owed to workers who were injured on the job, according to a filing Thursday in Michigan federal court.

  • May 30, 2024

    NLRB GC Calls On Board To Find Racism Claim Is Protected

    A National Labor Relations Board judge was right to find that a school choice nonprofit illegally terminated a worker for saying she thought her supervisor was racist, agency prosecutors argued, saying the worker's remark was linked to protected concerted activity.

  • May 30, 2024

    Homeland Security Worker Settles Union Agency Fee Suit

    A U.S. Department of Homeland Security employee told a Washington, D.C., federal judge that she has settled her suit against an International Guards Union of America local out of court, resolving allegations that the union improperly refused to give her information about how it calculated agency fees.

  • May 29, 2024

    Fight Over Biden NLRB Noms Likely With Election In Sight

    President Joe Biden's renomination of Lauren McFerran to serve as the NLRB's chair and nomination of a Republican to fill an open seat could lead to the first full board since December 2022, but experts expect a fight in the Senate as the agency faces increased scrutiny and the election looms.

  • May 29, 2024

    ILWU Units Call For Toss Of Barge Co.'s Injunction Request

    International Longshore and Warehouse Union affiliates asked an Alaska federal judge to nix a barge company's request for an injunction to halt the union from arbitrating over a work preservation dispute, saying federal labor law doesn't allow the company to request this injunctive relief.

  • May 29, 2024

    IBEW Local Wins Benefits Dispute With Power Plant Operator

    A New York federal judge preserved a win for an International Brotherhood of Electrical Workers local Wednesday in a dispute with a power plant operator over who qualifies for a supplemental retirement benefit at the company, deeming the arbitrator's award reasonable.

  • May 29, 2024

    Ex-Philly Union Leader Wants To Delay New Extortion Trial

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.

  • May 29, 2024

    NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row

    The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.

  • May 28, 2024

    Construction Co. Says Union Broke PLAs With Picket Line Ask

    A construction company urged a Washington federal judge Tuesday to hand the business a win over its suit claiming a Teamsters affiliate violated project labor agreements, arguing the union encouraged drivers not to cross the picket lines during a strike.

  • May 28, 2024

    DC Circ. Revives Campaign Ad Fight At Mail Carriers Union

    The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.

  • May 28, 2024

    UFCW Wants Toss Of Members' Challenge To Delegate System

    United Food and Commercial Workers members can't go to court to challenge the union's system of choosing convention delegates, the union and its top leaders argued to a D.C. federal judge, saying precedent doesn't mandate a proportional method for representation.

  • May 28, 2024

    How Wash. 'Free Choice' Statute Overlaps With Anti-Bias Law

    A Washington state law aimed at preventing companies from holding mandatory anti-union meetings will take effect in June, and although the statute ostensibly targets labor matters, experts say the law should be on discrimination attorneys' radar due to its prohibitions on employers promoting political and religious views in the workplace.

  • May 28, 2024

    Split NLRB Backs Toss Of Union Ouster Bid At Radio Station

    A divided National Labor Relations Board panel supported the dismissal of a worker's decertification petition at a radio station in upstate New York, with the board's lone Republican member calling for a hearing over a potential connection between the ouster bid and alleged unfair labor practices.

  • May 28, 2024

    Trucking Co. Can't Blame Lack Of Raise On Union, NLRB Says

    A Virginia trucking company violated federal labor law when its owner told workers they would have gotten a raise if they weren't organizing, the National Labor Relations Board ruled, upholding an agency judge's findings.

  • May 24, 2024

    5th Circ. Clears Co. In Case That Sparked NLRB Remedy Shift

    The Fifth Circuit on Friday vacated a National Labor Relations Board order finding an ad software company violated federal labor law by laying off workers without bargaining with a union, but did not weigh in on the legality of the expanded remedies that the board used the case to adopt. 

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

Expert Analysis

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

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