Labor

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Biden Vetoes Joint Employer Rule Disapproval

    President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure. 

  • May 03, 2024

    Social Media Policy Lawful Under Old Test, NLRB Judge Says

    A National Labor Relations Board judge said a home remodeler's social media policy violated federal labor law under the board's revised standards, but nonetheless tossed a worker's challenge to the policy because it's unfair to apply the new standard retroactively.

  • 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.

Expert Analysis

  • 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.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • 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.

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