Labor

  • May 24, 2024

    NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight

    The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.

  • May 24, 2024

    Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

    The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.

  • May 24, 2024

    USPS Withheld Docs From Union In Mich., NLRB Judge Says

    The United States Postal Service waited too long to yield requested records to a union at two facilities in Michigan and improperly withheld records from the union at a third facility there, a National Labor Relations Board judge ruled, finding USPS violated federal labor law.

  • May 24, 2024

    Roofing Co. Must Arbitrate USW Contracting Row, Judge Says

    A roofing manufacturer must arbitrate a United Steelworkers local's grievances over subcontracting notice requirements under the labor contract terms, a Texas federal magistrate judge ruled, tossing the company's argument that the parties' pact lacks the payment remedy that the union requested.

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    NLRB's BLM Ruling Violates Free Speech, Home Depot Says

    Home Depot called on the Eighth Circuit to throw out a National Labor Relations Board decision finding the company illegally told a worker not to display a Black Lives Matter slogan on their apron, arguing that the board's stance violates the company's First Amendment rights.

  • May 23, 2024

    Airline Fuel Co. Asks Judge To Block Strike At JFK Airport

    A company that fuels airplanes at John F. Kennedy International Airport sued its workers' union in New York federal court Thursday, seeking a temporary restraining order blocking the union from carrying out its stated intention to go on strike Friday.

  • May 23, 2024

    Diminished NLRB 'Drowning' In Cases, Litigation, Chair Says

    The National Labor Relations Board is "drowning" as a rise in cases and increased "litigiousness" of parties tax the agency's decimated workforce, Chairman Lauren McFerran said Thursday at New York University School of Law's annual labor conference.

  • May 23, 2024

    Mercedes Loss Shows Challenge Of UAW's Southern Auto Bid

    The United Auto Workers' loss in a union representation election at two Alabama Mercedes-Benz plants could slow the pace of the union's campaign to organize non-union automakers in the South and illustrates the challenges inherent to such a project, experts said.

  • May 23, 2024

    Union Fund Trustees Fight DOL Mismanagement Suit

    Two trustees of an embattled union life insurance fund have asked an Illinois federal judge to toss the U.S. Department of Labor's claims that they let a fellow trustee siphon about $2.6 million and amended the fund's rules to shield themselves from liability.

  • May 23, 2024

    Amazon Illegally Surveilled Workers With Algorithm, Org. Says

    A workers advocacy group in Missouri accused Amazon of violating federal labor law by using "intrusive algorithms" to watch employees' organizing activities, according to an unfair labor practice charge obtained by Law360 on Thursday, advancing a legal theory from the National Labor Relations Board's top prosecutor.

  • May 23, 2024

    Biden Renominates NLRB Chair, Taps Republican For Vacancy

    President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

  • May 23, 2024

    Alaska Airlines, Union Beat Fired Workers' Religious Bias Suit

    A Washington federal judge tossed a suit from two Christian flight attendants who said they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights, ruling there's no proof unlawful bias cost them their jobs.

  • May 23, 2024

    NLRB Official OKs Union Vote At Colo. Movie Theater

    Workers at a dine-in movie theater near Denver can have an election to decide whether they want the Communications Workers of America to represent them, a National Labor Relations Board regional director determined, nixing the company's bid to expand the bargaining unit to other facilities.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Carpenter Sues Union Healthcare Plan After Losing Coverage

    A union healthcare plan violated the Employee Retirement Income Security Act when it stopped working with a Bay Area insulation company whose union contract expired, a new proposed class action filed in California federal court alleges.

  • May 22, 2024

    House Labor Dems Weary Of Majority's Anti-Union Probes

    Democrats on a U.S. House of Representatives labor subcommittee called their Republican counterparts out for maintaining a busy calendar of anti-union hearings Wednesday during the committee's fifth such inquest in this session of Congress.

  • May 22, 2024

    Steel Co. Tells Mich. Court Not To Order Worker's Rehire

    A Michigan federal judge can't enforce an arbitration award requiring the rehire of a fired worker, a steel manufacturer argued Wednesday, claiming the arbitration panel went beyond the parties' collective bargaining agreement in ordering reinstatement.

  • May 22, 2024

    NLRB Official OKs Union Vote At Philadelphia Coffee Shops

    Workers at three Philadelphia coffee shops can vote on representation by a Service Employees International Union affiliate, a National Labor Relations Board official has ruled, shooting down the employer's argument that workers at two of the stores have different working conditions from those at the third location.

  • May 22, 2024

    NLRB Sets Up Eligibility Test For Northeastern Police Union

    Northeastern University in Boston violated federal labor law by refusing to bargain with a union representing campus police sergeants and detectives, the National Labor Relations Board concluded, potentially teeing up a challenge from the university to test the union's certification.

  • May 21, 2024

    2nd Circ. Partially Backs Win For Nurses' Union Pension Plan

    In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.

  • May 21, 2024

    Mich. Starbucks Firings Get Mixed Outcome From NLRB ALJ

    Starbucks did not violate federal labor law at a Michigan store by firing a union backer who cursed at his boss in front of customers, but crossed the line by canning another worker who used more measured language, a National Labor Relations Board judge said Tuesday.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    NLRB Nixes Enforcement Bid Against Starbucks At 9th Circ.

    The National Labor Relations Board called for the dismissal of its enforcement bid against Starbucks in the Ninth Circuit over a decision finding the company illegally threatened workers in Hawaii, saying the coffee chain has expressed an intent to follow the board's decision.

  • May 21, 2024

    TV Workers Get OK For Union Vote Despite Co.'s Objections

    A National Labor Relations Board official has cleared 22 employees of a Sacramento, California, broadcast news company to vote on representation by a Communications Workers of America-affiliated union next week, rejecting the company's bid for a smaller voting pool.

Expert Analysis

  • 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.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

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