Labor

  • June 10, 2024

    NLRB Monitor Says Agency Needs Specific Mail-Ballot Rules

    Regional offices of the National Labor Relations Board "were not consistently complying" with procedures for mail-ballot elections, an agency watchdog report found, highlighting lapses in documenting details of elections conducted by mail and a lack of internal controls tailored to mail ballots.

  • June 10, 2024

    NLRB Judge Orders Starbucks Exec Video As ULP Remedy

    Starbucks violated federal labor law multiple times at cafes near Phoenix where union organizing efforts with Workers United were brewing, a National Labor Relations Board judge ruled, recommending an order to make the coffee chain post a video recording of a reading notice about employees' rights.

  • June 10, 2024

    Chemical Manufacturer Beats Rehire Order In Fight With Union

    A Texas federal judge has vacated an arbitration award ordering a chemical and ammunition manufacturer to rehire an employee who it accused of lying about receiving confidential information from a union steward, finding the award didn't draw its essence from the union contract.

  • June 10, 2024

    Cozen Sustains NY Growth With Ogletree Labor Expert

    An experienced labor and employment attorney has jumped from Ogletree Deakins Nash Smoak & Stewart PC to Cozen O'Connor, continuing recent growth in the firm's New York office.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 07, 2024

    Ohio Panel Says School Union Dues Dispute Tied To Contract

    An Ohio state appeals court said five public school employees cannot hash out their claims over unauthorized union dues deductions in court because they draw from a collective bargaining agreement and therefore must be handled administratively.

  • June 07, 2024

    Ill. Judge Unmoved By 2nd Circ. In Starbucks Subpoena Row

    An Illinois federal judge declined to narrow a prior order letting Starbucks subpoena workers to boost its defense against a National Labor Relations Board injunction bid, saying a recent Second Circuit decision faulting the scope of a discovery grant in another Starbucks case doesn't apply.

  • June 07, 2024

    Union Says NYC Hotel Must Pay Severance Arbitration Award

    A hotel workers union urged a New York federal court to force a former operator of a shuttered Marriott hotel in Manhattan to pay $6 million in severance pay stemming from the COVID-19 pandemic, saying an arbitrator's award in the union's favor must be enforced.

  • June 07, 2024

    SpaceX Pans NLRB Offer In Injunction Battle

    The National Labor Relations Board's offer to pause an in-house suit against SpaceX is "merely a ploy" to stave off a Fifth Circuit decision backing the company's challenge to the agency's constitutionality, the rocket maker told a Texas federal judge.

  • June 07, 2024

    Southwest Attys Get Pause On 'Punitive' Religious Training

    In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training" should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."

  • June 07, 2024

    NLRB Asks Judge To Make Auto Co. Rehire Union Organizers

    An Arizona electric car manufacturer quashed a nascent union organizing campaign by monitoring two leaders of the drive and then firing them when they persisted, National Labor Relations Board prosecutors claimed in a lawsuit that asks a federal judge to order the company to rehire the workers.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    NFL Says Labor Law Preempts Ex-Player's Estate's CTE Claim

    The National Football League isn't to blame for a former football player's head trauma, the league told a South Carolina federal judge, arguing federal labor law preempts a negligence claim from a representative of the ex-player's estate.

  • June 06, 2024

    MLBPA Says Bad Bunny Sports Firm Hurt By Its Own Actions

    The Major League Baseball Players Association told a Puerto Rico federal judge that the sports agency linked to music superstar Bad Bunny has grossly overstated the impact it had on the business, arguing it is the agency's actions, not the association's "unreasonable sanctions," that caused injury.

  • June 06, 2024

    Workers Ask NLRB To Reverse Whole Foods BLM Case Ruling

    Wearing Black Lives Matter apparel at Whole Foods is protected under federal labor law, a group of workers argued to the National Labor Relations Board, saying employees wore BLM masks and attire on the job to push the company to confront racial bias in the workplace.

  • June 06, 2024

    NLRB Official Dismisses Union Petition At Conn. Nightclub

    A National Labor Relations Board official has tossed a petition for a union representation election at a New Haven, Connecticut, nightclub, saying some of the workers the union sought to represent are security guards who cannot share a bargaining unit with nonguards.

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Starbucks Can't Justify Union Shirt Crackdown, Judge Says

    Starbucks violated federal labor law by sending baristas home for wearing union T-shirts at a Brooklyn cafe, a National Labor Relations Board judge ruled, saying the company can't point to a dress code rule to excuse this behavior because it wasn't otherwise enforcing the rule in the region.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Feds Sue To Recover $5.3M Stolen From Union In Email Scam

    Boston federal prosecutors said Wednesday they are helping a union recover about $5.3 million stolen through a complex business email compromise scheme.

  • June 05, 2024

    NLRB Official Preserves Union At Seattle Ship Repair Co.

    A group of machinist craft employees at a Seattle ship repair facility can't break away from their union and affiliate with a Carpenters local, a National Labor Relations Board official ruled, saying the multi-craft bargaining unit that has represented the facility's employees since the 1970s should remain in place.

Expert Analysis

  • 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.

  • 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.

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