Labor

  • December 02, 2024

    NLRB Fights Amazon's Bid To Stop Case Alleging Union Snub

    A California federal judge should let National Labor Relations Board prosecutors keep pursuing an administrative case that accuses Amazon of illegally snubbing a drivers union, the prosecutors argued, urging the court to reject Amazon's attempt to block the case on constitutional grounds.

  • December 02, 2024

    Ohio Hospital Had Illegal Resident Rules, NLRB Judge Says

    A Cleveland hospital violated federal labor law by maintaining policies that prevented residents from providing information to the news media and joining an organization that might strike, a National Labor Relations Board judge ruled Monday, saying the rules could deter workers from exercising their rights.

  • December 02, 2024

    Yellow Fights Teamsters' Call For 10th Circ. To Nix Claims

    The Tenth Circuit should not pay mind to arguments from the Teamsters about upholding a lower court's dismissal of Yellow Corp.'s $137 million suit against the union, the company is arguing, doubling down on its claims that it was not required to exhaust the grievance process under a contract.

  • December 02, 2024

    NLRB Says USPS Unlawfully Threatened Pa. Letter Carrier

    The U.S. Postal Service violated federal labor law by threatening to have a union-represented employee arrested for invoking his contractually protected right to stop working after he reached 60 hours for the week, the National Labor Relations Board ruled, upholding an agency judge's decision.

  • November 27, 2024

    Fired Construction Worker Accuses Co., Union Of Race Bias

    A union-represented construction worker who was fired for hitting a co-worker said in a discrimination lawsuit filed in Michigan federal court that he acted in self-defense, and that the company fired him but not the co-worker who initially struck him because he is Black and his co-worker is white.

  • November 27, 2024

    NLRB Judge Says Health System Must Bargain About Bonus

    A Washington state health system violated federal labor law through its unilateral actions with regard to an annual bonus, a National Labor Relations Board judge ruled, finding the nonprofit's payment isn't a gift that excuses it from negotiating with a Service Employees International Union affiliate.

  • November 27, 2024

    Tech Issues Don't Excuse Starbucks' Late Filing, NLRB Says

    The National Labor Relations Board properly turned away Starbucks' challenge to an agency judge's order that was filed 23 minutes late, the board told the D.C. Circuit, saying the company can't get away with missing the deadline by citing a technical issue with the document.

  • November 27, 2024

    3 Argument Sessions Benefits Attys Should Watch In Dec.

    The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.

  • November 27, 2024

    DOL W&H Recap: Secretary Shake-Up Imminent

    President-elect Donald Trump put forward his pick to run the U.S. Department of Labor, and meanwhile the Wage & Hour Division announced partnerships with states to boost child labor enforcement and issued promising data on workers' rights. Here, Law360 looks at recent wage and hour developments involving the DOL.

  • November 26, 2024

    CMS Cancels Call Center Solicitation With Disputed Labor Clause

    The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus over a contentious labor harmony agreement in the solicitation.

  • November 26, 2024

    NY Groups, Truckers Say Congestion Pricing Unconstitutional

    A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.

  • November 26, 2024

    UAW Local Should Rerun Officer Vote In Mich., DOL Says

    A United Auto Workers local in Warren, Michigan, should scrap the results of its May officers' election and hold a new one, the U.S. Department of Labor told a federal court Tuesday, saying the election committee mishandled its recordkeeping and oversight of absentee ballots.

  • November 26, 2024

    'Enormous Is Not Everything': UAW Pressed On Doc Turnover

    A Michigan federal judge pressed a United Auto Workers attorney Tuesday about whether the union was being evasive in describing how much material it had turned over to fulfill the request of a monitor appointed to oversee the union as part of his investigation into some of the union's top officials.

  • November 26, 2024

    NLRB GC Calls For Regions To Object To Inadequate Deals

    The National Labor Relations Board's top prosecutor issued guidance Tuesday to regional offices about unfair labor practice settlements following the NLRB's decision to stop accepting consent orders, telling board agents to oppose deals that inadequately address "public rights."

  • November 26, 2024

    Chicago Dispensary Asks NLRB To Ax 2021 Union Vote Result

    The National Labor Relations Board should nix a United Food & Commercial Workers local's 11-10 win in a 2021 representation election at a Chicago cannabis dispensary due to an issue with the vote, the dispensary said, adding NLRB and D.C. Circuit precedent supports its stance.

  • November 26, 2024

    Miss. Judge Stays DOL's H-2A Protections Nationwide

    A Mississippi federal judge issued a nationwide stay of amendments to a U.S. Department of Labor rule providing protections for H-2A migrant farmworkers who take part in organizing, finding federal immigration law doesn't give DOL the authority to give these workers the right to act collectively.

  • November 26, 2024

    Split 5th Circ. Backs NLRB's Finding On Worker's Firing

    A company that supplies staff to a food distributor violated federal labor law by firing a worker who went directly to the distributor with her wage concerns, a split Fifth Circuit found, upholding a National Labor Relations Board finding.

  • November 25, 2024

    Advocates Cautious Of Teamsters-Backed Trump DOL Pick

    Labor advocates are approaching with caution President-elect Donald Trump's choice of an Oregon lawmaker who cosponsored a union-backed labor law rewrite to lead the U.S. Department of Labor, saying the pick could show unions have sway with the incoming administration but awaiting proof that the relationship will hold.

  • November 25, 2024

    Fed. Workers Union's New GC Vows To Fight Trump Attacks

    The largest union for federal employees named a new general counsel Monday, positioning him as well-poised to fight off any attacks to government jobs that may come from an incoming presidential administration that has pledged to "dismantle government bureaucracy."

  • November 25, 2024

    Boston University Calls For Toss Of Fired Worker's Suit

    Boston University urged a federal court Monday to dismiss a former employee's allegations about a sexual harassment complaint investigation against him, arguing that the toss of a duty of fair representation claim against a Service Employees International Union affiliate spells the end of the suit.

  • November 25, 2024

    Farm Orgs. Win Block Of DOL H-2A Protections

    A Kentucky federal judge granted several farmers and farm associations' bid to block the U.S. Department of Labor's new protections for foreign H-2A farmworkers, saying Monday the agency's extension of labor organizing rights to these workers amounts to a "blatant arrogation of authority."

  • November 25, 2024

    Pomona College Gets NLRB Official's OK For Union Vote

    About 55 student workers at three Pomona College cafes can vote on joining the UNITE HERE-represented bargaining unit that includes the school's full-time food service staff, a National Labor Relations Board official ruled, rejecting the school's argument that student workers don't belong in the unit.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    NLRB Attys Renew Fight To Get Pa. Newspaper To Bargain

    National Labor Relations Board prosecutors have updated their bid to compel the Pittsburgh Post-Gazette to bargain with its striking workers' unions and cover the workers' healthcare costs, telling a Pennsylvania federal judge that the record in this case and others against the newspaper support their request for an injunction.

  • November 25, 2024

    Google, Accenture Jointly Employ Workers, Split NLRB Says

    Google and its contractor Accenture are joint employers of workers on a content creation team who voted to unionize last year, a divided National Labor Relations Board panel concluded, finding Google has "substantial direct and immediate control" over hours and other employment terms.

Expert Analysis

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.