Labor

  • 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.

  • March 27, 2024

    Cannabis Retailer Sues To Revive Union Decertification Bid

    A western Massachusetts cannabis retailer has asked a state court to reinstate an employee's petition to decertify a budding local of the United Food and Commercial Workers Union, which was dismissed by a state labor board following a settlement of separate prohibited practices complaints.

  • March 26, 2024

    Alcoa Retirees Score Partial Win In Life Insurance Fight

    Alcoa USA Corp. violated its collectively bargained obligations when it unilaterally cut off company-provided life insurance benefits, but was within its rights to pay retirees to waive their claims to benefits, an Indiana federal judge ruled.

  • March 26, 2024

    Examples Seen As Crucial To Useful EEOC, NLRB Guidance

    The U.S. Equal Employment Opportunity Commission and National Labor Relations Board may be joining forces to clarify how protections for workers who get heated during union activity square with anti-discrimination law, and experts said specific examples on this interplay are at the top of their wish list.

  • March 26, 2024

    Turf Co. Secures Dismissal Of Funds' Contributions Row

    Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.

  • March 26, 2024

    Mercedes Fired 3 Union Backers In Ala., UAW Claims

    Mercedes-Benz has fired at least three workers for openly backing the United Auto Workers' organizing campaign at an Alabama plant, the union claimed Tuesday in a National Labor Relations Board charge.

  • March 26, 2024

    DC Circ. Rebukes NLRB's 'Nonsense' In Driver Camera Case

    The D.C. Circuit on Tuesday vacated a National Labor Relations Board decision that found a produce company unlawfully disciplined a pro-union worker and gave another the impression he was being surveilled, calling the board's approach to the case "nonsense."

  • March 26, 2024

    Hollywood Strip Club Violated Settlement, NLRB GC Says

    The National Labor Relations Board's Los Angeles office accused a North Hollywood strip club of breaching a settlement with the Actors' Equity Association, according to a copy of a complaint obtained by Law360 on Tuesday, with agency attorneys seeking payment for terminated workers and a reading notice.

  • March 26, 2024

    Teamsters Duck Yellow's $137M Suit Over Restructuring Talks

    The Teamsters have defeated Yellow Corp.'s $137 million lawsuit accusing them of pushing the trucking company into bankruptcy through intransigence in negotiations over a corporate restructuring, with a Kansas federal judge finding the company didn't exhaust the grievance process under a union contract before suing.

  • March 26, 2024

    Legal Aid Union Fights Subpoena Over Palestine Resolution

    The New York Civil Liberties Union on Monday backed the Association of Legal Aid Attorneys in its fight against a subpoena from the U.S. House Committee on Education and the Workforce following the union's adoption of a resolution in support of the Palestinian cause.

  • March 25, 2024

    NLRB Defends 10(j) Tests In Starbucks High Court Dispute

    The National Labor Relations Board told the U.S. Supreme Court that Starbucks is ignoring the history of how courts use injunction standards under federal labor law, explaining to the justices that a two-part test doesn't lead to more favorable outcomes for the agency.

  • March 25, 2024

    Chattanooga Volkswagen Workers To Vote On UAW In April

    Workers at a Volkswagen factory in Chattanooga, Tennessee, will take their third crack at voting on representation by the United Auto Workers next month, the National Labor Relations Board announced Monday, revealing that the election has been scheduled without company pushback.

  • March 25, 2024

    NLRB's Budget Stays At $299M In Final Budget Deal

    The federal funding bill President Joe Biden signed over the weekend keeps the National Labor Relations Board's budget at a little under $300 million for the rest of the fiscal year and maintains a longstanding bar against holding union elections electronically.

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    Boeing Laid Off Pilots Over Union Vote, NLRB Judge Says

    Boeing violated federal labor law by laying off union-represented flight training airplane instructor pilots after they voted against decertifying their bargaining representative, a National Labor Relations Board judge ruled, saying the company was punishing the pilots for failing to oust the union after two opportunities.

  • March 25, 2024

    Starbucks Distributor Can't Nix 'Act Of God' Award

    An arbitrator properly determined that the COVID-19 pandemic wasn't an "act of God" that excused a Starbucks distributor's reduction of hours for Teamsters-represented workers, an Illinois federal judge ruled, nixing the company's claim that the award didn't stem from the parties' labor contract.

  • March 22, 2024

    Missed Deadline May Doom Union Worker's Benefits Fight

    A Michigan federal judge on Friday warned a union worker alleging the United Auto Workers mismanaged her claim for benefits that she could have her lawsuit dismissed if she doesn't respond to the union's request to toss the accusations.

  • March 22, 2024

    NLRB Bargaining-Cost Deal Is A Small Boost To GC's Initiative

    A recent settlement in which a security company agreed to pay workers for withheld raises represents a win for the NLRB's top prosecutor in her initiative to compensate workers whose employers undermine bargaining, but the facts of the case mean there's not much to glean for other disputes, experts say.

  • March 22, 2024

    Foley Hoag Adds Employment Atty To Denver Office

    A former Sherman & Howard LLC attorney advising employers on union organizing campaigns, collective bargaining and unfair labor practice cases is now a Foley Hoag LLP partner in Denver, the firm announced, where he will bring 20-plus years of experience in private practice and as an NLRB attorney.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Union Seeks Quick Win In Nuclear Plant Healthcare Row

    An IBEW local is urging a Pennsylvania federal judge to grant it a quick win in its fight to send to arbitration a grievance challenging a nuclear power plant operator's healthcare benefits contributions, arguing that the dispute falls within the parameters of the union's collective bargaining agreement.

  • March 22, 2024

    'Common Sense' Mich. Ruling Says Photos Not Eavesdropping

    Michigan appellate judges said it's common sense that taking a photograph isn't the same as overhearing a conversation, agreeing with a lower court that a union leader's eavesdropping claim against a rival should be tossed because an image of him posted online doesn't convey a private discussion.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

    Author Photo

    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

    Author Photo

    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

    Author Photo

    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

    Author Photo

    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

    Author Photo

    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

    Author Photo

    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

    Author Photo

    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

    Author Photo

    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

    Author Photo

    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

    Author Photo

    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

    Author Photo

    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

    Author Photo

    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.