Labor

  • May 10, 2024

    Biz Faked Closure After Union Vote, NLRB Judge Says

    An Illinois sprinkler installer committed a barrage of labor violations around its workers' overwhelming vote to unionize in late 2022, including by withholding Christmas turkeys and firing 10 perceived union backers in a false shutdown, a National Labor Relations Board judge said.

  • May 10, 2024

    Deal Reported In Union Production Workers' Benefits Fight

    A settlement is likely coming in a proposed class action filed by Parsec Inc. employees against the National Production Workers Union in Illinois federal court, signaling an end to claims that the rail transportation company's withdrawal from a collective bargaining agreement should have triggered the payout of severance and retirement funds.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    Union Seeks To Force Kellanova To Arbitrate Wage Grievances

    The company formerly known as Kellogg Co. breached its union contract with a Bakery Confectionery Tobacco Workers & Grain Millers local by refusing to take two long-running wage grievances to arbitration, the union told a Michigan federal court Friday.

  • May 10, 2024

    6th Circ. Backs NLRB In Union Rep. Discipline Case

    A tape manufacturer's decision to punish two Michigan employees for not adequately cleaning their work areas was motivated by animus toward their actions as a union steward and a union committee member, the Sixth Circuit found, upholding a National Labor Relations Board ruling.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2024

    Tesla Illegally Imposed Tech Policy In Buffalo, NLRB GC Says

    National Labor Relations Board prosecutors accused Tesla of having an illegal policy to dissuade workers from unionizing at its Buffalo, New York, manufacturing plant, according to a copy of the complaint obtained by Law360 on Thursday, with agency prosecutors seeking a nationwide posting of workers' rights.

  • May 09, 2024

    NLRB Official Allows Union Vote For Joint Medical Employers

    A medical group and a Pacific Northwest healthcare system are joint employers, a National Labor Relations Board regional director concluded, greenlighting an election among medical providers to vote on representation by the Union of American Physicians and Dentists.

  • May 09, 2024

    Miami Ballet Can Unionize, NLRB Official Says

    Dancers in the Miami City Ballet can vote on representation by the American Guild of Musical Artists, a National Labor Relations Board official held, rejecting the ballet's claim that an existing labor contract forecloses the possibility of a union election.

  • May 09, 2024

    Labor Rights Murky As Gaza Protests Spill Into Work

    As protests over the Israel-Hamas war spill into the workplace, workers have accused their employers of suppressing their labor rights in a test of the National Labor Relations Act's nuanced protections for political advocacy.

  • May 09, 2024

    Amazon Must Provide Worker List In ALU Case

    A New York federal judge hearing a dispute over a leadership election at the Amazon Labor Union on Thursday ordered Amazon to turn over an employee mailing list to a neutral monitor, saying the information is necessary to notify members of the coming vote. 

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    Concrete Co. Illegally Toyed With Strikers, NLRB Judge Finds

    A New Jersey concrete manufacturer illegally told striking employees they could return to work only if they resigned from their Teamsters local, a National Labor Relations Board judge ruled, rejecting the company's argument that it shouldn't face a labor law violation because it rescinded the statement.

  • May 09, 2024

    NLRB Judge Finds 'Serious' ULPs At 2 Ohio Starbucks Stores

    Starbucks committed "serious and widespread unfair labor practices" at two stores in Cleveland where union organizing campaigns were underway, a National Labor Relations Board judge concluded, finding the coffee chain must read a notice to workers about their rights.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 08, 2024

    GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo

    A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.

  • May 08, 2024

    Employers Preparing For Post-Chevron World In NLRB Cases

    Employers contesting National Labor Relations Board decisions are preparing arguments in anticipation of looming U.S. Supreme Court rulings that could overhaul the deference administrative agencies receive from federal courts under a landmark doctrine known as Chevron deference, though experts say it's unclear how courts will handle the current uncertainty.

  • May 08, 2024

    Colo. Sheriff Fights State Law That Let His Deputies Unionize

    A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.

  • May 08, 2024

    Apple Illegally Retaliated Against Union Backer, CWA Says

    Apple violated federal labor law by denying a Communications Workers of America supporter's requests for leave at a New Jersey store, according to an unfair labor practice charge obtained by Law360 on Wednesday, ahead of a union representation election set to begin at the end of this week.

  • May 08, 2024

    Split NLRB Finds Starbucks Made Threat To Wis. Worker

    A Starbucks manager unlawfully threatened a worker while discussing a Workers United organizing campaign at a Wisconsin cafe, a divided National Labor Relations Board determined, with the board's lone Republican finding what the manager said didn't rise to the level of a threat or interrogation.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

  • May 08, 2024

    NLRB Says Amazon Was Wrongly Denied In-Person Hearing

    The National Labor Relations Board found an agency judge wrongly denied Amazon's request for an in-person hearing over an unfair labor practice complaint alleging the company illegally disciplined a worker, saying there weren't "compelling circumstances" to warrant a remote proceeding.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    DC Circ. Denies Hospital's Rehearing Bid Over 'Successor Bar'

    The D.C. Circuit rejected on Tuesday a Puerto Rico hospital's request for an en banc rehearing over the appeals court's decision to affirm the National Labor Relations Board's conclusions that the hospital illegally withdrew a union's recognition after becoming a successor employer. 

  • May 07, 2024

    Starbucks Wants NLRB Injunction Bid To Wait On High Court

    A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.

Expert Analysis

  • 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.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

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