Labor

  • July 23, 2021

    GM, Ex-UAW VP Spar Over Breach Of Duty, Kickbacks Suit

    General Motors LLC and former United Auto Workers Vice President Joseph Ashton sparred Thursday over whether the carmaker can pursue breach of fiduciary duty and fraudulent concealment claims in its New Jersey federal lawsuit alleging Ashton was a "disloyal director" who helped Fiat Chrysler undercut GM during collective bargaining negotiations. 

  • July 23, 2021

    Calif. Hospital Loses Bid To Block Virus Hazard Pay Law

    A California federal judge declined Friday to block Culver City from implementing an ordinance requiring hazard pay for hospital employees for a period during the COVID-19 pandemic, saying the hospital challenging the ordinance has a weak case.

  • July 23, 2021

    Coal Mine Hit With WARN Act Suit Over Plant Shutdown

    A union representing a group of coal miners is accusing Cornerstone Labor Services of violating federal law by not giving adequate notice before a mass layoff at its Coal Mountain Mine in southwestern West Virginia.

  • July 23, 2021

    Teamsters Local Officer Election Wasn't Fair, DOL Says

    The U.S. Department of Labor sued a Teamsters local in Missouri federal court to vacate a November vote to elect new officers, saying that a litany of procedural missteps denied the union's roughly 7,000 members a fair vote.

  • July 23, 2021

    Radio Station Operator's Layoffs Were Illegal, NLRB Says

    The National Labor Relations Board said a radio station operator violated federal law by initiating layoffs during contract negotiations, but reversed an agency judge's finding that the company refused to meet at proper times to discuss a successor contract.

  • July 23, 2021

    DC Circ. Erases T-Mobile's NLRB Win In Union Email Fight

    The D.C. Circuit on Friday reversed a National Labor Relations Board ruling that T-Mobile legally punished a worker for sending a pro-union mass email, knocking the board for applying a distinction between allowed and prohibited emails that T-Mobile did not make.

  • July 23, 2021

    USW Strikes Tentative First Contract With Google Contractor

    The United Steelworkers and a Google contractor have reached a tentative agreement on a first contract that includes wage increases and job security provisions, the union announced Friday, marking a significant step for unions organizing in the tech industry. 

  • July 23, 2021

    NLRB Decision Ensures Fights Over Scabby Remain Deflated

    Unions notched a significant win with the National Labor Relations Board's decision allowing them to display Scabby the Rat during labor protests, as experts said the ruling likely puts an end to litigation over the protest icon for the foreseeable future.

  • July 22, 2021

    Migrant Workers Sue Hemp Farm For Wages, Unsafe Housing

    A group of migrant workers has accused three Oregon hemp companies and their manager of a host of abuses, including failing to complete required employment forms for them, withholding wages and requiring them to live in unsafe agricultural labor housing.

  • July 22, 2021

    NLRB Says Union Request Could Wait Until After Investigation

    A divided National Labor Relations Board has ruled the U.S. Postal Service was not required to provide a union with information about a disciplinary interview before it took place, drawing a dissent from the board's lone Democrat who said the decision will prevent unions from assisting workers.

  • July 22, 2021

    Obama Labor Officials Back Union-Boosting Bill At Hearing

    Republican senators clashed with two of the Obama administration's top labor officials Thursday during a hearing on a broad plan to overhaul federal labor law, with the lawmakers questioning unions' benefits and the officials touting them.

  • July 22, 2021

    $15 Min. Wage Rule For Contractors Could Have Wider Impact

    The U.S. Department of Labor's proposed rule that would raise the minimum wage for employees of companies that hold federal contracts may nudge those businesses to boost pay throughout their workforces, experts told Law360.

  • July 22, 2021

    LA Doughnut Shop 'Supervisors' Get Say In Union Vote

    A National Labor Relations Board official allowed a union election bid at a Los Angeles doughnut chain, saying several workers with the title "supervisor" are not managers under labor law and that the group they've formed is a legal union authorized to represent them.

  • July 22, 2021

    DOJ Defends Challenge To NLRB General Counsel's Firing

    President Joe Biden has the authority to remove the National Labor Relations Board's former top prosecutor, the U.S. Department of Justice argued, pushing back on arguments from a bus company looking to avoid an injunction the board is seeking in Massachusetts federal court.

  • July 21, 2021

    Union Says NLRB Botched Joint Employer Case On Remand

    The NLRB botched the D.C. Circuit's instructions to define elements of an expansion of joint employer liability under its Browning-Ferris Industries ruling after the appeals court sent the case back to the board, a Teamsters local argued in its bid to undo the agency's decision in favor of BFI.

  • July 21, 2021

    Pro-Labor Shift Expected Under Biden's NLRB Top Cop

    Union attorney and former National Labor Relations Board deputy prosecutor Jennifer Abruzzo's confirmation as general counsel Wednesday portends a long-term policy swing in unions' favor, but this changing of the guard doesn't mark the sudden enforcement shift it's been in the past, experts say.

  • July 21, 2021

    7th Circ. Upholds NLRB Ruling Against Baked Goods Maker

    A baked goods company violated federal labor law by firing three union officials and making changes to working conditions without bargaining, the Seventh Circuit ruled Wednesday, upholding a National Labor Relations Board decision from last year.

  • July 21, 2021

    US Grants Mexico $10M To Help Resolve Labor Fights

    The U.S. Department of Labor announced Tuesday that the Bureau of International Labor Affairs will direct $10 million in funding to aid the resolution of labor disputes in Mexico through conciliation mechanisms, including arbitration.

  • July 21, 2021

    Committee Tees Up NLRB Picks For Senate Vote

    A key U.S. Senate committee on Wednesday advanced President Joe Biden's two nominees to serve as members of the National Labor Relations Board, teeing up the picks for a final Senate vote.

  • July 21, 2021

    NLRB Tosses Bid To Deflate Scabby The Rat

    A union did not violate federal labor law by displaying a 12-foot-tall inflatable rat during a protest, a divided National Labor Relations Board ruled Wednesday, in a case unions viewed as a critical test of their First Amendment rights.

  • July 21, 2021

    Senate Confirms Biden's NLRB General Counsel Pick

    The U.S. Senate narrowly confirmed union lawyer and National Labor Relations Board veteran Jennifer Abruzzo as the agency's general counsel Wednesday, clearing her to lead a pro-union shift in federal labor policy after the business-friendly Trump years.

  • July 20, 2021

    Teamsters Say Food Co. Can't Pause Arbitration Row Again

    Two Teamsters locals have urged a Washington federal judge to reject a food distributor's bid to again pause litigation over an arbitration award, saying a pending appeal by the company does not justify a stay because it's unrelated to the dispute and unlikely to succeed.

  • July 20, 2021

    Casino Must Bargain After Shady Benefits Boost, Judge Says

    A Nevada federal judge issued a rare bargaining order Tuesday against a Las Vegas casino that rolled out generous new benefits days before a union election in what the judge deemed a veiled effort to thwart an organizing drive.

  • July 20, 2021

    COVID Vax Requirement Flouts Labor Contract, Teamsters Say

    An employer's policy requiring workers to receive the COVID-19 vaccine before returning to in-person work or face disciplinary procedures violates workers' collective bargaining agreements, a local Teamsters chapter said Monday in a lawsuit brought against one of the country's largest labor health care funds.

  • July 20, 2021

    NLRB Atty Clears Unions Facing Fair Representation Charges

    The National Labor Relations Board prosecutor's office has upheld the dismissal of charges accusing three unions of inadequately representing their members by refusing to file grievances, saying in one case that unions aren't "expected to do everything possible or perfectly" to meet their legal obligations.

Expert Analysis

  • DC Circ. Labor Ruling Is A Win For Employer Free Speech

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    The D.C. Circuit’s recent decision overturning the National Labor Relations Board's finding that a Trinity Services manager's misstatements blaming the union for paid leave issues amounted to an unfair labor practice preserves workplace free speech, but reminds employers to uphold certain best practices when communicating with workers, say Scott Nelson and Lukas Moffett at Hunton.

  • NLRB Can Bypass Senate Gridlock To Impose Labor Reforms

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    The Protect the Right to Organize Act, which would dramatically expand federal labor law and is endorsed by the Biden administration, is likely to fail in the Senate, but there are many elements of the pro-union bill that may be implemented by the National Labor Relations Board without legislation, say attorneys at Jackson Lewis.

  • Justices' Cedar Point Ruling May Inspire More Takings Claims

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    The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

  • What High Court Union Access Ruling Means For Employers

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    In Cedar Point Nursery v. Hassid, the U.S. Supreme Court recently overturned a California law that required growers to grant union organizers access to their property, offering a new avenue of attack against such union invasions of an employer’s property, including those protected by other California statutes, say Keahn Morris and Mark Ross at Sheppard Mullin.

  • How Proposed Ill. Amendment Would Change Union Rights

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    This fall, Illinois voters will decide on a proposed collective bargaining amendment to the state constitution, which if enacted would significantly expand both public and private sector bargaining rights, raising questions about federal preemption, union security and more, say Jennifer Jones and Tanja Thompson at Littler. 

  • PRO Act Could Chill Attorney-Client Interactions

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    The proposed Protecting the Right to Organize Act threatens to discourage employers from seeking legal counsel by requiring them and their advisers to file public reports with the U.S. Department of Labor about even indirect contact with employees regarding union organizing or collective bargaining, say Shari Klevens and Sarah Phillips at Dentons.

  • DC Circ. Ruling Illustrates Bounds Of NLRB Authority

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    The D.C. Circuit’s recent remand of a National Labor Relations Board business restoration order in RAV Truck v. NLRB exemplifies limitations to the board’s remedial authority, while the court’s finding that adverse employment decisions violated federal labor law highlights what companies shouldn't do when union activity occurs, say Terry Potter and Tracey O'Brien at Husch Blackwell.

  • What CDC's New Mask Guidance Means For Employers

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    Following the Centers for Disease Control and Prevention’s recent assertion that people vaccinated for COVID-19 no longer need to wear masks, employers contemplating relaxed workplace policies should consider state and local rules, what percentage of their workforce is vaccinated, and factors unique to their physical setup, says Scott Allen at Foley & Lardner.

  • Justices Should Focus On Property Rights In Union Case

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    Questions from U.S. Supreme Court justices in the recent Cedar Point Nursery v. Hassid oral argument indicate that the court may be missing the real issue, and corresponding remedy, in the union access case — the constitutionality of uncompensated property taking, says Michael Berger at Manatt.

  • 3 Decisions A Biden NLRB Will Likely Overturn

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    When the National Labor Relations Board transitions to a Democratic majority under President Joe Biden, there will be strong opportunities to overturn pro-employer decisions concerning management rights, employee micro-units and the review standard for workplace policies, says Daniel Johns at Cozen O'Connor.

  • NLRB Memo Signals Expansion Of Workers' Protected Activity

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    Following the National Labor Relations Board’s recent memo on protected, concerted activity, employers can likely expect the general counsel’s office to push the boundaries of employee safeguards, including protections for certain social justice actions that would not normally be deemed related to working conditions, say Ashley Cano and John Phillips at Seyfarth.

  • NYC Fast Food Worker Protections May Portend 'At Will' Shift

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    Two new laws in New York City that eliminate fast food employers' discretion to discharge employees at will signify fundamental changes to the bedrock of U.S. employment law, and could foreshadow additional state and local restrictions on workforce management, say Harris Mufson and Julia Hollreiser at Proskauer.

  • Title IX Compliance Hasn't Changed — Yet

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    Despite perceptions of the dismantling of Trump-era Title IX policy, President Joe Biden's recent executive order on the topic does not actually change the regulation and sheds very little light on exactly how the administration intends to alter the rules to fit its agenda, say Lauren Tompkins and Sarah Moore at Fisher Phillips.