Labor

  • June 29, 2022

    Split NLRB Again Backs Successor Doctrine In Hospital Case

    A split NLRB panel ruled that a Puerto Rico hospital unlawfully withdrew recognition from a health care workers union after the employer inherited five bargaining units, with board members sparring over precedent that a union is deemed to have undisputed majority support for six months after one business entity takes the place of another.

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 29, 2022

    Baker Donelson Adds Atty To Labor And Employment Group

    Baker Donelson Bearman Caldwell & Berkowitz PC added a new counsel to its labor and employment practice group who said the firm's work-life balance approach helped her make the move.

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    Ogletree Recruits 3 Employment Attys From Fisher Phillips

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC selected three attorneys from Fisher Phillips for its Cleveland office, Ogletree said in a press release.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    1st Circ. Sends Union's Pension Dispute To Arbitration

    The First Circuit granted on Tuesday a United Steelworkers local's bid to make National Grid and its benefits committee arbitrate a pension dispute, saying the pension plan's governing documents direct cases like this one to arbitration. 

  • June 28, 2022

    Funds Say Trucking Co. Dodged Contributions Via Alter Egos

    A Teamsters local's benefits funds accused a trucking company Tuesday of using alter egos to evade its obligation to provide contributions for pension, welfare and vacation under the parties' collective bargaining agreement, saying the businesses have the same shareholders, location and bookkeeper.

  • June 28, 2022

    Ex-Liquor Seller Fights To Keep Layoff Suit Against Co., Union

    A former employee of a North American beverage distributor urged a California federal judge to preserve a lawsuit claiming she was improperly laid off due to an error in calculating her seniority, saying she can show that the company messed up and that her Teamsters local didn't defend her.

  • June 28, 2022

    Employers Who Delay Talks Should Pay Up, NLRB GC Says

    The National Labor Relations Board's general counsel urged the board to make employers who unlawfully refuse to negotiate with a union pay workers for wages and benefits they could have earned at the table, arguing in a brief announced Tuesday that the tactic would discourage employers from stalling.

  • June 28, 2022

    Union, Co. Tell 9th Circ. Skycaps' Age Bias Suit Is Preempted

    The Ninth Circuit should back a lower court's ruling that an age discrimination suit from a group of skycaps at Los Angeles International Airport is preempted by federal labor law, a union and employer told the appellate court.

  • June 28, 2022

    Puerto Rico Machinists Local Drops Audit Fight

    The International Association of Machinists has settled its lawsuit against a Puerto Rico local, with the local agreeing to submit to an audit and trusteeship after dropping its argument that it never officially became affiliated with IAM.

  • June 28, 2022

    LA Restaurant Wants Bargaining Order Paused During Appeal

    A Los Angeles restaurant urged a California federal judge to pause the court's order requiring it to bargain with a union until the Ninth Circuit reviews the business's appeal of the decision, saying the union bargained in bad faith by submitting an extensive information request.

  • June 28, 2022

    CWA Reaches Tentative Contract Deal With AT&T

    A union representing more than 13,000 AT&T workers has reached a tentative contract agreement with the company, which would raise base wages by almost 15% and improve working conditions if ratified, according to an announcement made Tuesday.

  • June 27, 2022

    Casino Tells Nev. Judge To Again Reject NLRB Subpoena Bid

    Station Casinos urged a Nevada federal judge to reject the National Labor Relations Board's bid to require the company to turn over documents as part of an unfair labor practice case at the agency, calling the board's request too broad and irrelevant to the dispute.

  • June 27, 2022

    Boston Schools Want Out Of Union's Remote Work Suit

    Boston Public Schools asked a Massachusetts federal judge Monday to scrap a teachers union's COVID-19 lawsuit, saying the union would have to prove each of its members suffered discrimination when they were required to return to work in person despite their health conditions and concerns about the coronavirus.

  • June 27, 2022

    High Court Turns Away Teamsters Fund's $58M Pension Suit

    The U.S. Supreme Court declined a Teamsters pension fund's request on Monday to review a ruling that let a wholesale grocer avoid paying $58 million the fund claimed it was owed after a warehouse operator stopped contributing.

  • June 27, 2022

    Striking Workers' Firing Flouted Labor Law, NLRB Judge Says

    A pipeline and sewer company unlawfully fired two striking workers, a National Labor Relations Board judge ruled, holding that their union activity motivated the company to terminate their employment.

  • June 27, 2022

    Kaiser Permanente Urges Judge To Keep Strike Suit In Court

    Two Kaiser Permanente affiliates challenged a health care workers union's bid to toss their suit alleging that the union violated its labor contracts by partaking in a sympathy strike with a separate engineers union, arguing that the companies have alleged enough facts for the complaint to stay in court.

  • June 27, 2022

    Workers Tell 4th Circ. Volvo Needed Their OK For Deductions

    Volvo was not authorized to deduct money from its employees' paychecks to offset overpayments without their authorization, a group of workers said Monday, asking the Fourth Circuit to overturn a Maryland district court's decision in favor of the car manufacturer.

  • June 27, 2022

    NLRB Judge Hits Hospital For Firing Union Leader

    A New York hospital's firing of a radiology technician after she led a successful unionization campaign was motivated by anti-union animus, a National Labor Relations Board judge ruled, rejecting the hospital's contention that she was fired for a health privacy law violation.

  • June 27, 2022

    Starbucks Says 'Memphis 7' Firings Didn't Inhibit Union Effort

    Starbucks' firings of workers known as the Memphis 7 did not have a detrimental impact on unionization efforts nationwide, as Workers United has organized at more than 300 shops, the coffee chain told a Tennessee federal court.

  • June 27, 2022

    Judge Backs 1199SEIU's $30M Arb. Award For Wages Dispute

    A New York federal judge granted the Service Employees International Union's bid to confirm a $30 million arbitration award creating a wage fund for underpaid staff members, saying that the award is reasonable and rejecting 13 former union members' arguments to vacate it.

  • June 24, 2022

    Amazon Points To Worker Organizing To Deny Union-Busting

    An attorney for Amazon on Friday told a New York federal judge that the recent union election and intense organizing activity at the online retailer's Staten Island warehouse shows there's been no effort by it to stifle workers' collective bargaining efforts.

  • June 24, 2022

    NLRB Prosecutors Seek Joy Silk Order At Kansas Starbucks

    National Labor Relations Board prosecutors in St. Louis have moved to revive the dormant Joy Silk bargaining order standard and make Starbucks deal with workers at a Kansas City-area store, claiming the company broke the law by refusing workers' demands for union recognition.

Expert Analysis

  • 5 Tips For Employers Regulating Employee Speech Online

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    A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.

  • Mitigating Labor Antitrust Risks As Enforcement Ramps Up

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    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission are prioritizing antitrust enforcement in the labor markets with a multipronged enforcement approach, so companies should take three steps to evaluate and mitigate risk from both government enforcement and private litigation, say attorneys at Paul Hastings.

  • Cos. Should Heed NLRB GC's Immigrant Protection Focus

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    With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.

  • NY Bill Would Alter Labor Relations In Fashion Industry

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    A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

  • How The NLRB Is Pushing For Expanded Remedies

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    The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employees' Input On ESG May Reduce Risks Of Unionization

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    As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

  • Why NLRB Is Unlikely To Succeed In Misclassification Case

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    A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • Defeating Motions To Decertify FLSA Collective Actions

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    Matthew Helland at Nichols Kaster lays out plaintiff strategies that can help beat a defendant’s motion to decertify a Fair Labor Standards Act collective action and convince the judge that a case should be tried on a groupwide basis, highlighting key issues such as representative proof and varying circuit frameworks.

  • Why NLRB's Return To Joy Silk Would Offer Few Advantages

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    The National Labor Relations Board general counsel's recent push for the reinstatement of the Joy Silk doctrine — which forces employers to bargain with workers after the company has infringed on their organizing rights — appears to be a solution in search of a problem and would almost certainly lead to more litigation, says Peter Finch at Davis Wright.

  • Employer Lessons After Diverging Amazon Union Outcomes

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    Successful union organizing efforts at a Staten Island Amazon distribution center last month, contrasted with a second failed vote at an Alabama facility, carry key takeaways for employers, including the need for new messaging strategies and the importance of creating a positive work environment, say attorneys at Husch Blackwell.

  • 3rd Circ.'s CBA Ruling Holds Lessons For Employers

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    The Third Circuit's recent ruling in Pittsburgh Mailers Union Local v. PG Publishing provides clarity into the enforceability of arbitration agreements after a collective bargaining agreement has expired, and employers would be well-advised to implement certain best practices with this decision in mind, says Jeff Shooman at FordHarrison.

  • The TEAM Act Brings Us Back To The Future Again

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    The recently introduced Teamwork for Employees and Managers Act — which would legalize employee involvement committees, an employer-friendly alternative to unions — is likely dead on arrival and revives a legislative effort from the '90s, typifying the pingpong jurisprudence that has come to define U.S. labor law, says Daniel Johns at Cozen O'Connor.