Labor

  • 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.

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    3 Questions For California's Fast Food Council

    The California Fast Food Council has a mandate to reform the fast-food industry, and coming off its first meeting, employment law practitioners have questions about how it can improve upon the state's already robust regulations and whether it will be balanced. Here, Law360 explores three such questions for the council as it gets up and running.

  • April 08, 2024

    Cemex Case Puts Focus On Detail Of Recognition Demands

    The National Labor Relations Board's landmark decision in August that reworked the process for union representation elections has put more focus on unions' requests for voluntary recognition from employers, but experts said the changes have been more technical than drastic.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    GC Urges NLRB To Reverse Whole Foods BLM Gear Ruling

    Whole Foods should be found in violation of federal labor law for preventing workers from wearing Black Lives Matter apparel and buttons, National Labor Relations Board prosecutors contended Friday, saying an agency judge wrongly found the workers' adornment of the gear wasn't protected.

  • April 05, 2024

    NJ Smoking Law Violates Casino Workers' Rights, UAW Says

    A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.

  • April 05, 2024

    UAW Seeks Vote At Ala. Mercedes Plants, Cites Broad Support

    The United Auto Workers petitioned the National Labor Relations Board on Friday to hold a union representation election among more than 5,000 workers across two Mercedes plants in Alabama, the union's second petition targeting Southern car plants amid an organizing blitz.

  • April 05, 2024

    USW Says Arbitrator Right To Call For Meme Poster's Rehire

    The United Steelworkers have urged a Washington federal judge to enforce an arbitrator's order that Shell and its successor at a Washington refinery rehire a worker fired over an offensive meme, saying that the order jibes with a union contract and that the employers share liability for fulfilling it.

  • April 05, 2024

    DOL Joins DOJ's Artificial Intelligence Fairness Pledge

    The U.S. Department of Labor joined a U.S. Department of Justice pledge to enforce civil rights and related federal laws in the use of automated tools like artificial intelligence.

  • April 05, 2024

    LA Hotel Seeks Uniform Rule In High Court NLRB Appeal

    Hotel Bel-Air in Los Angeles implored the U.S. Supreme Court to review the Ninth Circuit's enforcement of a National Labor Relations Board decision ordering the rehire of more than 100 workers, telling the justices to create a uniform rule for evaluating evidence of anti-union bias.

  • April 05, 2024

    Calif. Cannabis Delivery Workers Vote To Authorize Strike

    California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.

  • April 05, 2024

    Firefighters Union's Finance Firm Can't Spike Whistleblower Claim

    A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

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