Labor

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

  • May 15, 2024

    Walmart Illegally Barred Discipline Talk, NLRB Judge Says

    Walmart illegally forbade a worker in Louisiana from talking about his discipline with other colleagues, a National Labor Relations Board judge ruled Wednesday, telling the company to stop threatening employees who may discuss disciplinary meetings.

  • May 15, 2024

    Teamsters Defend Rehire Order In Dispute With Welch's

    A Welch's factory employee who was fired after being falsely accused of sexual harassment five years ago has waited long enough to be rehired, a Teamsters local argued in Pennsylvania federal court, urging a district judge to uphold an arbitrator's reinstatement order in accordance with a magistrate judge's recommendation.

  • May 15, 2024

    NLRB Attys Fight Union Sanctions In Strike Replacement Case

    A U.S. Department of Justice attorney urged the Seventh Circuit on Wednesday to reject a union's bid to sanction National Labor Relations Board attorneys in a case over labor law violations at a quarry, saying the contention that the union waived a key argument doesn't warrant such an "extreme measure."

  • May 15, 2024

    Barge Co. Seeks To Block 'Hot Cargo' Union Arbitration

    A barge company urged an Alaska federal judge to stop International Longshore and Warehouse Union local affiliates from arbitrating over a work preservation dispute, telling the court that a prior arbitration award established an agreement that makes the company hire union members.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Factory Specifics Will Be Key In UAW-VW Bargaining

    While the United Auto Workers' recent contracts with Detroit automakers were key to organizing Volkswagen's Tennessee plant and securing a landmark election victory last month, experts said unique factors at Volkswagen will give the upcoming talks their own character. 

  • May 14, 2024

    Co. Illegally Placed Manure Near Union Picket, NLRB Says

    The National Labor Relations Board concluded Tuesday that an Illinois concrete producer violated federal labor law by putting manure near an area where an International Union of Operating Engineers local was picketing, granting agency attorneys' motion for default judgment.

  • May 14, 2024

    Colo. Org Lacks Standing In Access Law Row, Judge Says

    The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.

  • May 14, 2024

    Healthcare Labor Activity Reaches Historic Healthcare Union

    Surging union activity in the healthcare industry has reached a new front: employees of the nation's largest healthcare union.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

  • May 14, 2024

    NLRB Official OKs UFCW Vote At Calif. Planned Parenthood

    A group of Planned Parenthood workers at six facilities in Southern California may vote on whether they want a United Food and Commercial Workers affiliate to represent them, a National Labor Relations Board regional director determined, tossing the reproductive health care provider's arguments for a larger bargaining unit.

  • May 13, 2024

    NLRB Official Lets SoCal Nurses Vote On SEIU Representation

    Twelve registered nurses at a Southern California hospital are free to vote on representation by a Service Employees International Union local later this month, a National Labor Relations Board official has held, rejecting the hospital's claim that the nurses are union-ineligible supervisors.

  • May 13, 2024

    Amazon Can't Duck Order To ID Workers For Union Election

    A New York federal judge ordered Amazon on Monday to immediately turn over workers' contact information to a monitor overseeing a vote to elect the Amazon Labor Union's first officers, rejecting the company's request that she reconsider a May 9 decision.

  • May 13, 2024

    Workers At New Jersey Apple Store Vote Down Union

    Workers at an Apple Store in New Jersey voted against being represented by the Communications Workers of America as the union accused the company of using an "anti-union playbook" to sink the unionization effort.

  • May 13, 2024

    Imaging Co. Flouted Deal By Not Rehiring Worker, NLRB Says

    A medical imaging facility in the Los Angeles area wrongly laid off a union-represented worker in 2019, promised to reinstate her and then never did, the National Labor Relations Board found, ordering the facility to rehire the worker after five years.

  • May 13, 2024

    Starbucks Cracked Down On Union Gear, NLRB Judge Says

    Starbucks violated federal labor law by barring workers at a New York store from wearing union shirts on the job, a National Labor Relations Board judge ruled, saying the company allowed workers to wear shirts with logos supporting other causes.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 10, 2024

    Starbucks Fired Worker Over Early Closure, NLRB Judge Says

    Starbucks unlawfully fired a worker who closed a store early in protest of staffing issues, a National Labor Relations Board judge held Friday, saying the action was a protected strike and that the worker did not lose the protection of federal labor law during heated conversations with managers.

  • May 10, 2024

    American Airlines Worker Fights To Keep OT Suit Alive

    An American Airlines employee is trying again on a claim that the company owes him overtime pay under the Fair Labor Standards Act, telling an Arizona federal judge Friday that the latest version of his complaint shows he's covered by the FLSA, not the Railway Labor Act. 

  • May 10, 2024

    Construction Co. Shakes Black Ex-Worker's Bias Suit

    A Washington federal judge granted a win Friday to a construction company in a Black ex-worker's lawsuit, saying he failed to show he was forced to quit because he complained about his manager's racist comments and not because of the 18 safety warnings he received.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • 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.

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