Labor

  • 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.

  • March 12, 2024

    Starbucks Union Breakthrough Doesn't Mean Easy Bargaining

    Starbucks and Workers United appear poised to begin bargaining in earnest after reaching a detente more than two years after the acrimonious organizing campaign kicked off, but the end of Starbucks' resistance to negotiating doesn't mean deals will follow soon.

  • March 12, 2024

    Unions Say China's Shipbuilding Boom Is Based On Unfair Trade

    The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.

  • March 12, 2024

    Davis Wright Adds 3rd MoFo Litigator This Month In Calif.

    Davis Wright Tremaine LLP has added its third litigator this month from Morrison Foerster LLP with the addition of an employment and labor partner in Los Angeles, the firm announced Tuesday.

  • March 12, 2024

    Union Dodges Privacy Invasion Claim In Ex-Worker's Bias Suit

    A transit workers union is not legally responsible for a union health plan employee's unauthorized disclosure of a former union staffer's HIV status, a Maryland federal judge ruled, slicing an invasion of privacy claim off the former employee's discrimination lawsuit against the union.

  • March 12, 2024

    SpaceX Jurisdiction Claims In Firing Row Nixed By Split NLRB

    SpaceX hasn't proven it is an air carrier exempt from the National Labor Relations Board's purview, a divided board panel determined, with the agency's sole Republican member saying he would refer the case to the National Mediation Board to review jurisdiction.

  • March 11, 2024

    Contractor Wants Mich. Judge To Rethink Agreement Order

    A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.

  • March 11, 2024

    'Ping-Pong Game' Continues Over NLRB Joint Employer Rule

    A Texas federal judge's decision late last week vacating the National Labor Relations Board's expanded joint employer test was a welcome development for employers and marks the latest step in a decadelong policy oscillation on when the board will consider two linked entities responsible for the same group of workers.

  • March 11, 2024

    Teamsters Can't Pause Discovery In $137M Fight With Yellow

    A Kansas federal judge shot down the Teamsters' request to pause the discovery process in a $137 million lawsuit accusing the union of holding up a necessary corporate restructuring at the now-bankrupt trucking company Yellow Corp., ordering the union to keep producing documents.

  • March 11, 2024

    Biden Proffers $320M NLRB Budget, 'Penalties For Employers'

    President Joe Biden proposed a bump in the National Labor Relations Board's budget to $320 million for the following fiscal year, the White House revealed Monday, presenting another potential increase for the board and "significantly increasing penalties for employers."

  • March 11, 2024

    Activision Workers Unionize With CWA After Neutrality Deal

    Microsoft recognized the Communications Workers of America as the representative of Activision quality assurance employees following a vote count, the union announced, highlighting the parties' agreement that the tech giant remain neutral during organizing campaigns.

  • March 09, 2024

    NLRB's Joint Employer Rule Struck Down By Texas Judge

    A Texas federal judge late Friday struck down a 2023 National Labor Relations Board rule that made it harder for employers to show they are not joint employers, restoring a Trump-era rule that eased the test. 

  • March 08, 2024

    2 Calif. Union Dues Cases Echo Janus Ruling, 9th Circ. Told

    An attorney for an anti-union think tank urged the Ninth Circuit on Friday to revive a pair of lawsuits alleging his public sector employee clients' constitutional rights were violated by union dues being collected against their will, likening the cases to the U.S. Supreme Court's landmark 2018 Janus ruling.

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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