Labor

  • January 27, 2022

    NLRB Faults Sprinkler Co. For Text Message Reinstatements

    The owner of a Kentucky fire sprinkler company violated federal labor law by not being specific enough in its text message offers to rehire union backers fired for their organizing activities, the National Labor Relations Board said.

  • January 27, 2022

    3 Workers Can Accuse Union Of Distress In Race Bias Suit

    A Louisiana federal judge ruled Thursday that three out of seven workers accusing a plumbers union of racial discrimination can proceed with claims that the union's behavior constituted intentional infliction of emotional distress in violation of state law.

  • January 27, 2022

    FLRA Decision Raises Questions About Internal Strife

    The Federal Labor Relations Authority recently issued a decision that labor attorneys say provides a rare glimpse into internal tensions at the agency that administers labor relations for U.S. government workers and suggests a festering existential crisis that could broadly impact union-represented workers in federal agencies.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    6 Breyer Opinions & Dissents Employment Attys Should Know

    Justice Stephen Breyer announced Thursday that he will retire from the U.S. Supreme Court after more than 27 years, leaving behind a legal legacy that includes notable decisions on labor and employment law.

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

  • January 27, 2022

    NLRB Backs Decision On Possible Union Change At ICE Facility

    The NLRB affirmed Thursday a regional director's decision earlier this month that allowed a government security officers union to attempt to represent a unit of U.S. Immigration and Customs Enforcement guards who are currently represented by another union, saying the union raised no substantial legal issues.

  • January 27, 2022

    Amazon Called Union Organizers 'Thugs,' NLRB Attys Say

    Amazon belittled union organizers at its Staten Island fulfillment center by calling them "thugs," according to a complaint filed Thursday by the NLRB's Brooklyn office, which suggested training sessions for Amazon's managers, supervisors and agents on federal labor law as a remedy for labor practices it characterized as unfair.

  • January 27, 2022

    Boston Police, Fire Unions Win Brief Stay Of Vaccine Mandate

    A Massachusetts intermediate-level appeals court on Thursday paused Boston Mayor Michelle Wu's requirement that all city employees get COVID-19 vaccines, as the justice reviews a lower court's decision to not grant an injunction for police and fire unions challenging the policy.

  • January 27, 2022

    4th Circ. Asks If Union Free Speech Issue Belongs In Court

    A Fourth Circuit panel grilled counsel for a union of immigration judges seeking to block a U.S. Department of Justice policy barring the jurists from speaking publicly on immigration, questioning why the dispute couldn't follow an administrative procedure for federal labor issues.

  • January 27, 2022

    Staffing Co. Says No Expert Needed On Strike-Breakers' Risks

    Counsel for a temp agency said a labor expert's opinion wasn't necessary to drive home the dangers its workers faced crossing picket lines at a Pennsylvania steel mill, and asked a federal judge Thursday to exclude her testimony from a lawsuit over whether the temps should have been paid while being shuttled past the workers they were replacing.

  • January 27, 2022

    6th Circ. Upholds Trucker's Loss In ADA Bias Appeal

    A Sixth Circuit panel affirmed a win for a trucking company, an occupational health center and a Teamsters local in a trucker's disability discrimination lawsuit, ruling that the man's sleep apnea does not constitute a disability protected by the Americans with Disabilities Act.

  • January 27, 2022

    NLRB Asks Court To Make Biz Bargain After Anti-Union Firings

    The National Labor Relations Board sued an industrial cleaning business in Illinois federal court seeking an injunction to make the company rehire the fired leader of an organizing campaign and meet a union at the bargaining table.

  • January 27, 2022

    9th Circ. Won't Revive Teachers' Bids To Get Back Union Fees

    A Ninth Circuit panel affirmed Wednesday and Thursday that decisions barring California public school teachers from recouping certain union fees paid before the U.S. Supreme Court's landmark Janus decision made those fees voluntary, holding that the unions had collected the fees in good faith.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    NJ Nursing Home Legally Axed Workers' COVID-19 Bonus

    An NLRB judge ruled Wednesday that a New Jersey nursing home was allowed to walk back its pandemic-era decision to up workers' hourly pay, classifying the increase as a "COVID-19 bonus" that the employer could rescind without a union's input.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Union Hits NYT With Unfair Labor Charge Over Holiday Pay

    The NewsGuild of New York accused The New York Times of violating federal labor law by offering increased holiday pay to nonunion workers, saying the company's actions are part of an effort to undermine a representation election for tech workers, according to an unfair labor practice charge.

  • January 26, 2022

    Union Says Amazon Mailbox Must Go In Rerun Ala. Election

    The Retail, Wholesale and Department Store Union urged the NLRB to review a regional director's decision to order a rerun representation election among workers at Amazon's Alabama warehouse, saying a fair election requires that Amazon not be permitted to install a mailbox anywhere on its property.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    NLRB Subpoena Bid Based On False Premises, Casinos Say

    Casino chain Red Rock Resorts has never refused to provide documents to National Labor Relations Board officials investigating its response to workers' unionization efforts, the company told a Nevada federal judge, calling an agency demand for the paperwork "falsely premised."

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

Expert Analysis

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

  • Understanding Labor Law Issues In Starbucks Union Win

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    Anne Lofaso at the West Virginia University College of Law lays out how labor law applies to Starbucks workers’ recent vote to unionize at a single store in Buffalo, New York, particularly with regard to determinations of appropriate bargaining units and communities of interest, and she predicts what this could mean for National Labor Relations Board standards and the future of organizing.

  • Employer Lessons On NLRB Elections After Amazon Vote

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    The ongoing labor saga at an Alabama Amazon distribution center — involving a failed vote to unionize this spring, subsequent claims of company misconduct and the National Labor Relations Board’s recent order of a second election — contains important employer takeaways on mail-in ballots, employee turnout and other key aspects of workplace elections, says Thomas Lenz at Atkinson Andelson.

  • Employer Takeaways From NLRB Top Cop Immigration Memo

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    After the National Labor Relations Board general counsel’s recent memo reiterating that the organizing rights of immigrant workers are protected under federal law, employers can expect vigorous enforcement of this policy in all aspects of the agency's investigation, litigation, enforcement and remedial activities, say Steven Swirsky and Erin Schaefer at Epstein Becker.

  • DC Circ. Ruling Shows Slow-Rolled NLRB Compliance Is Risky

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    The D.C. Circuit recently held MasTec Advanced Technologies in contempt of court for failing to comply with an order from the National Labor Relations Board, serving as a reminder to employers that a slow response to or ignorance of board and court orders may come with stiff sanctions, say attorneys at Hunton.

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.