Labor

  • May 03, 2024

    Walkout Played Role In NYC Server's Firing, NLRB Judge Says

    A New York City waiter's participation in a staff walkout partially motivated his managers' decision to fire him about three months later, a National Labor Relations Board judge has ruled, deeming the firing illegal and ordering the restaurant to rehire him with back pay.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    Waste Co.'s Raise Memo Tainted Union Vote, Split NLRB Says

    A split National Labor Relations Board has upheld an agency judge's decision to greenlight a redo of a union representation election at a New Jersey waste management company, finding the company tainted the first election by creating the impression that the union's presence was interfering with an upcoming raise.

  • May 02, 2024

    Union Abandoned Suspended Members, Musicians Say

    Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.

  • May 02, 2024

    5th Circ. Pauses NLRB Suit Against SpaceX Amid New Appeal

    A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.

  • May 02, 2024

    NLRB Says Starbucks Withheld Info About NJ Store Closures

    Starbucks violated federal labor law by delaying its response to Workers United's request for information about temporary closures of a New Jersey store, the National Labor Relations Board ruled Thursday.

  • May 02, 2024

    NLRB Affirms Dismissal Of Starbucks Union Ouster Bids

    The National Labor Relations Board backed dismissals of decertification petitions from Starbucks workers at two stores, with the board's lone Republican member noting the consideration of delays in processing unfair labor practice cases when weighing the toss of ouster bids.

  • May 02, 2024

    NC Dems Propose Axing At-Will Work In Workers Rights Bill

    North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.

  • May 02, 2024

    NLRB Judge Says Kaiser Broke Law With Restraining Order

    Kaiser Permanente violated federal labor law by getting a restraining order against a longtime building engineer who helped lead a 2021 strike, calling the police when he showed back up to the picket line and ultimately firing him, a National Labor Relations Board judge ruled.

  • May 01, 2024

    NLRB Dings Amazon CEO Over 'Better Off Not' Unionizing Talk

    Amazon CEO Andy Jassy violated federal labor law by making public predictions that workers looking to unionize would be "better off not doing so," a National Labor Relations Board judge ruled Wednesday, but determined Jassy's comments that unionization would change workers' relationship with the company were lawful.

  • May 01, 2024

    Trader Joe's Must Pay Fees To Union After 'Meritless' TM Suit

    A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."

  • May 01, 2024

    5 Benefits Appellate Arguments To Watch In May

    The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.

  • May 01, 2024

    Mich. Hospital Aided SEIU Ouster Bid, NLRB Attys Say

    National Labor Relations Board attorneys requested a federal court injunction to make a Michigan hospital bargain with a Service Employees International Union affiliate, alleging the hospital aided decertification efforts and withdrew recognition from the union.

  • May 01, 2024

    Worker's Back Pay Is Shell's Issue, New Refinery Owner Says

    An energy company that took over a Shell oil refinery isn't liable for back pay owed to a worker wrongly fired before the sale, the company told a Washington federal judge, saying it didn't absorb Shell's legal obligations.

  • May 01, 2024

    Pa. Court Upholds University Cop's Firing Over Racist Posts

    A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.

  • May 01, 2024

    Closed Hotel Co. Says Old NYC Severance Law Inapplicable

    The former operator of a shuttered Marriott hotel in Manhattan asked a New York federal judge to stop the city from using a now-ineffective severance law to force it to pay $6 million to a hotel workers union, saying it satisfied its closure-related obligations through a previous $12 million payment.

  • May 01, 2024

    NLRB Judge Seeks Cause In Starbucks, Union Postpone Bid

    A National Labor Relations Board judge asked agency prosecutors Wednesday to show cause related to a request from Starbucks and Workers United to postpone hearing dates this month over refusal to bargain claims, while the parties mention ongoing talks to settle board litigation.

  • May 01, 2024

    SpaceX Again Asks 5th Circ. To Step Into NLRB Challenge

    SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.

  • May 01, 2024

    Amazon Says Worker Info Requests Threaten Its Legal Rights

    Amazon asked a New York federal judge to reject requests for information about its Staten Island facility workers in a dispute over leadership of the Amazon Labor Union, calling them "an improper collateral attack" on its ability to contest the results of the union's election win.

  • May 01, 2024

    UAW Local Calls Arrests Of Members At USC Protest Illegal

    The University of Southern California violated federal labor law by having union members who protested in support of a ceasefire in Gaza arrested, a United Auto Workers affiliate representing graduate student workers said.

  • May 01, 2024

    Acting Labor Sec. Defends Status, Rules At Tense Hearing

    Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.

  • May 01, 2024

    NLRB Says Beverage Co. Wrongly Put Union Leader On Leave

    A Puerto Rico beverage distributor violated federal labor law by placing an employee union leader on six months of unpaid leave and prematurely declaring an impasse in bargaining, the National Labor Relations Board ruled, upholding an August decision from an agency judge.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    UAW, Fiat Chrysler Settle Anti-Gay Discrimination Suit

    Fiat Chrysler and a United Auto Workers local have agreed to resolve a former worker's lawsuit alleging she was fired for complaining about anti-gay harassment she faced and her union didn't adequately pursue her grievance, according to a filing in Michigan federal court.

  • April 30, 2024

    Welch's Says Worker Should Stay Fired In Dispute With Union

    Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.

Expert Analysis

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

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