Labor

  • April 11, 2024

    'Extensive' Anti-Union Bid Merits Bargaining Edict, NLRB Says

    A National Labor Relations Board panel issued a bargaining order against a tank cleaning company that engaged in an "extensive" anti-union campaign, but a dissenting board member said some of the remedies ordered by the majority were "overkill."

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 11, 2024

    Fired Yellow Corp. Workers Can Proceed With Class Action

    A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.

  • April 11, 2024

    Amazon GC's Comp. Dropped In '23 After Prior Stock Awards

    Amazon general counsel and longtime employee David Zapolsky saw his total reported compensation dip significantly — from about $18.2 million in 2022 to $371,600 in 2023 — due to the impact of stock awards, a Thursday securities filing shows.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 10, 2024

    US, Mexico Resolve Labor Complaints At Two Mexico Plants

    Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.

  • April 10, 2024

    Senate Disapproves Of NLRB Joint Employer Rule

    A resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers is headed to President Joe Biden's desk following a close U.S. Senate vote Wednesday, though the president has pledged not to sign.

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    9th Circ. Doubts Calif.'s Standing In DOL Union Transit Fight

    The Ninth Circuit appeared open Wednesday to restoring the U.S. Department of Labor's power to deny California transit funding because of a perceived conflict between state pension law and bargaining rights, focusing on the state's standing in a dispute that began between the DOL and a union.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Penn Fellows' Exclusion From Union Vote Reversed By NLRB

    University of Pennsylvania graduate students studying biology and biochemistry under fellowships can vote alongside other graduate students in an upcoming union representation election, the National Labor Relations Board ruled Wednesday, overturning a finding that a 2017 agreement required their exclusion.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Electrical Workers Union Sues LIRR Over Cannabis Firing

    The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.

  • April 09, 2024

    Carpenters Urge 9th Circ. To Restart Union Retirement Fight

    A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

  • April 09, 2024

    NLRB GC Refuses To Back Down Over Constitutional Rows

    National Labor Relations Board general counsel Jennifer Abruzzo hit back Tuesday at SpaceX, Amazon, Starbucks and other employers that have challenged the agency's constitutionality after it accused them of labor law violations, casting their arguments as attempts to slow board prosecutions and avoid obligations to workers.

  • April 09, 2024

    Hotel Owed Union Bargaining Over Renovation, DC Circ. Says

    A Hilton hotel in Alaska is on the hook for federal labor law violations after renovating rooms in a way that changed housekeepers' work conditions without sufficiently looping in the employees' union, the D.C. Circuit held Tuesday, enforcing a National Labor Relations Board decision.

  • April 09, 2024

    NLRB Election Petitions Jump 35% In 1st Half Of FY 2024

    Representation election petitions filed with the National Labor Relations Board rose by about 35% in the first half of the current fiscal year compared with fiscal year 2023, the agency announced Tuesday, attributing the boost to its Cemex decision, which increased the petitions filed by employers.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 09, 2024

    Distillery Gave Bourbon To Undercut Union, NLRB Judge Says

    A National Labor Relations Board judge ordered a Kentucky distillery to bargain with a Teamsters local after finding the distillery violated federal labor law by giving workers raises and free bourbon, among other job improvements, in trying to undermine support for an organizing campaign.

  • April 09, 2024

    PBGC Gets $127M Overpayment Back From Teamsters Fund

    The Pension Benefit Guaranty Corp. has recovered nearly $127 million mistakenly allotted to dead Teamsters pensioners in a bailout of multiemployer retirement plans approved during the pandemic, the federal government said.

  • April 08, 2024

    NLRB GC Urges Make-Whole Remedies For Illegal Work Rules

    The National Labor Relations Board's top prosecutor issued a memorandum Monday telling regional offices to seek make-whole remedies for workers "regardless of whether those employees are identified" in an unfair labor practice investigation involving illegal work rules or employment agreements.

  • April 08, 2024

    Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.

    An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling. 

  • April 08, 2024

    Marine Co. Beats Ex-Worker's Wage Row, For Now

    A civil marine contractor successfully convinced a California federal judge to toss an ex-worker's wage and hour proposed class action for lack of evidence, but the judge left the door open for the worker to refile the suit.

  • April 08, 2024

    8th Circ. Upholds NLRB's Broad Remedies Against Meat Co.

    The Eighth Circuit on Monday upheld a National Labor Relations Board decision finding a meat processor in Nebraska illegally bargained in bad faith with a United Food and Commercial Workers affiliate, backing the board's broad remedies order that included reimbursing the union for negotiating expenses.

Expert Analysis

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

  • 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

    Excerpt from Practical Guidance
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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.

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