Labor

  • June 24, 2024

    Amazon CEO's Comments Broke Labor Law, NLRB Attys Say

    The Amazon CEO's decision to state publicly that unionization could damage workers' direct relationship with managers should land the company on the hook for a labor law violation, National Labor Relations Board prosecutors told the board, arguing for a change in precedent on such statements.

  • June 24, 2024

    Justices To Assess Reach Of ADA To Ex-Workers' Benefit Suits

    The U.S. Supreme Court on Monday accepted a retired Florida firefighter's request that it decide whether former employees can lodge discrimination suits under the Americans with Disabilities Act related to post-employment benefits.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

  • June 21, 2024

    Teamsters-Amazon Labor Union Merger Helps Both Parties

    The Amazon Labor Union's recent merger into the Teamsters could help both groups in their fights against Amazon, but they still face uphill battles to reach a labor contract at the company's only unionized warehouse and organize workers elsewhere in the retail giant's sprawling logistics network.

  • June 21, 2024

    NY Judge Says Feds, MTA Fully Vetted Congestion Pricing

    A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.

  • June 21, 2024

    NCAA Says Hoops Union Order Creates 'Destructive' Division

    A National Labor Relations Board regional director's decision finding men's basketball players at Dartmouth College are employees under federal labor law pits students against each other, the NCAA argued, urging the board not to assert jurisdiction over student-athletes.

  • June 21, 2024

    Union Tells 1st Circ. It's Fit To Bring Debt Cap Challenge

    A U.S. government workers' union challenging the constitutionality of the debt ceiling urged the First Circuit to ignore the Biden administration's argument that union members couldn't explain how it harms them, saying it's reasonable to expect their paychecks will be suspended when it is reimposed.

  • June 21, 2024

    Teamsters Say Calif. Pot Shop's Deal Was With 'Sham' Union

    The International Brotherhood of Teamsters is asking to intervene as a defendant in a cannabis retailer's suit challenging the constitutionality of California's requirement that the retailer enter a labor peace agreement with a "bona fide" labor organization, saying the union the shop contracted is a sham that does nothing to organize workers.

  • June 21, 2024

    NY Forecast: 2nd Circ. Weighs Construction Workers' OT Suit

    This week, the Second Circuit will consider a group of construction workers' attempt to revive a proposed class and collective action claiming a group of construction companies failed to pay them overtime required under state and federal law. Here, Law360 explores this and other cases on the docket in New York.

  • June 21, 2024

    Mount Sinai's Doctor Pacts Violate Labor Law, NLRB GC Says

    New York's Mount Sinai Health System has illegally required part-time physicians to sign employment agreements with provisions that infringe on workers' rights, National Labor Relations Board prosecutors alleged, and the agency is seeking financial damages for affected employees.

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

  • June 20, 2024

    Charter Axed Teacher Over Breakdown, NLRB Judge Says

    A National Labor Relations Board judge cleared an Ohio charter school Thursday of claims that it fired a teacher for supporting a union drive, saying the evidence shows it fired her for telling a principal she wanted to "murder" her students after they disrupted her lessons.

  • June 20, 2024

    Marathon Has To Arbitrate Subcontracting Row, 9th Circ. Says

    A Ninth Circuit panel on Thursday supported a lower court's decision to make Marathon Petroleum arbitrate a union's grievance over subcontracting under a project labor agreement, saying the company can't use its role as an owner in the accord to avoid arbitration.

  • June 20, 2024

    Honda Illegally Directed UAW Sticker Removal, NLRB GC Says

    Honda violated federal labor law by telling employees to remove United Auto Workers stickers from their safety helmets and committed other unfair labor practices, National Labor Relations Board prosecutors alleged in an unfair labor practice complaint.

  • June 20, 2024

    NLRB Judge's Noncompete Decision Could Set Up Test Case

    A recent National Labor Relations Board judge's decision finding a noncompete agreement that employees were required to sign violated federal labor law should bolster the board general counsel's effort to declare such employment provisions unlawful, experts said.

  • June 20, 2024

    NLRB Attys, Calif. Tribe Settle Casino Subpoena Dispute

    A California federal court dismissed on Thursday National Labor Relations Board prosecutors' bids to enforce subpoenas requesting a list of casino employees who could be in a proposed bargaining unit from a tribe and a gambling company, with agency attorneys saying the parties settled the dispute.

  • June 20, 2024

    FordHarrison Adds Employment Attys In NJ, Nashville

    Employment firm FordHarrison LLP announced that it hired a pair of experienced attorneys as partners in its offices in Nashville, Tennessee, and Berkeley Heights, New Jersey.

  • June 20, 2024

    DLA Piper Adds 2 Entertainment Attys In NY From Reed Smith

    Two entertainment and advertising partners have left Reed Smith LLP to join DLA Piper, including the first woman to serve as the chief negotiator for the Joint Policy Committee, the bargaining representative for the advertising industry in negotiations for the multibillion-dollar commercials collective bargaining agreements with SAG-AFTRA and the American Federation of Musicians.

  • June 18, 2024

    Amazon Caused Seattle Worker To Quit, NLRB GC Says

    Amazon constructively discharged a worker involved in organizing a walkout among employees at its Seattle headquarters over a return-to-office policy, according to a complaint filed by National Labor Relations Board prosecutors, who are seeking an apology letter and a nationwide notice posting from the e-commerce giant.

  • June 18, 2024

    NLRB Can't Fight Subpoenas On Workers' Behalf, Judge Says

    A National Labor Relations Board official can't fight subpoenas that Starbucks issued to employees during an injunction dispute between the company and the agency, a South Carolina federal judge ruled Tuesday, saying the workers aren't parties to the court proceedings and the official can't argue on their behalf.

  • June 18, 2024

    Hospital Illegally Led Supervisor To Resign, NLRB Judge Says

    A Michigan hospital violated federal labor law by causing a supervisor to resign after pressuring her to surrender a photo of a list of possible union supporters, a National Labor Relations Board judge ruled, finding that an exception to the law's usual exclusion of supervisors applied.

  • June 18, 2024

    Ogletree Adds Quarles & Brady Litigator In San Diego

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.

  • June 18, 2024

    Amazon Union Workers Vote To Affiliate With Teamsters

    Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.

  • June 18, 2024

    10th Circ. Won't Revive Airline's Union Election Challenge

    A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

Expert Analysis

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

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