Labor

  • October 15, 2021

    2nd Circ. Lets NYC Teacher Vax Mandate Stand

    A Second Circuit panel on Friday rejected claims from a group of New York City educators who argued that the city's COVID-19 vaccine requirement for public school teachers is unconstitutional, affirming a lower court's decision that preserved the mandate. 

  • October 15, 2021

    Recent NLRB Complaint Was Forceful, But Impact Still TBD

    A recent unfair labor practice complaint seeking stronger remedies than usual is a sign of things to come from National Labor Relations Board prosecutors under President Joe Biden, though how this initiative will affect employers' dealings with unions is hard to gauge this early on, experts say.

  • October 15, 2021

    Hotel Union Wants NJ Sheraton To Pay For Pandemic Layoffs

    A New York hospitality union has urged a New Jersey federal court to confirm three arbitration awards directing a Sheraton hotel to pay for severance and health fund contributions due to employees who were laid off as a result of the COVID-19 pandemic.

  • October 15, 2021

    Police Union Sues Over Allegheny County Vaccine Mandate

    Allegheny County's police union claimed the government can't threaten to fire officers who don't get a COVID-19 vaccine, and asked a Pennsylvania court to bar the county's employee vaccine mandate permanently.

  • October 15, 2021

    NLRB Backs Official's Ruling That EMS Captains Can Unionize

    Emergency medical services captains at a California ambulance company can vote on union representation, the National Labor Relations Board ruled, backing a regional director's decision that the workers are not considered supervisors under federal labor law.

  • October 15, 2021

    Union Hits Kaiser With CBA Violation Suit Over Understaffing

    A union of health care employees accused Kaiser Permanente affiliates in Colorado of violating federal labor law by breaking their collective bargaining agreement, saying the medical group failed to adequately staff its facilities and risked patient care.

  • October 15, 2021

    Atkinson Andelson Adds Public-Focused Employment Partner

    A labor and employment lawyer with litigation experience who specializes in representing public entities has joined California firm Atkinson Andelson Loya Ruud & Romo as a partner.

  • October 15, 2021

    Abruzzo Taps 5 Women To Lead NLRB Regional Offices

    The National Labor Relations Board announced the appointment of five longtime board officials to head its regional offices Friday, as the recently confirmed board leadership continues to emphasize staffing at the agency.

  • October 15, 2021

    Supreme Court's Labor Docket Quiet, But Maybe Not For Long

    The U.S. Supreme Court's docket is light on labor law this term after the justices weighed in recently on a string of prominent cases, but experts say disputes over vaccine mandates and the firing of the National Labor Relations Board's top prosecutor could draw the court's interest.

  • October 14, 2021

    LA County Prosecutors Accuse Gascón Of 'Political Cronyism'

    The union representing Los Angeles County prosecutors has accused District Attorney George Gascón of "political cronyism" by appointing ineligible political supporters to certain protected positions in his office, asking a state court Thursday to grant an injunction while the prosecutors appeal the appointments.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    Casino Defends Benefits Bump In Bargaining Order Dispute

    A Las Vegas casino asking the Ninth Circuit to reverse an injunction forcing it to the bargaining table downplayed on Thursday documents that seemed to show it boosted benefits to erode union election support, chalking the move up to a general effort to stave off organizing.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    NLRB Official Denies CBA Expansion To Heating Co.

    An NLRB official dismissed a New York heating oil company's bid to have all of its drivers covered by one collective bargaining agreement, saying that the request does not reflect how the company and union have previously defined bargaining units.

  • October 14, 2021

    UAW On Strike At John Deere After Members Reject Contract

    More than 10,000 John Deere employees represented by the United Auto Workers went on strike Thursday, days after union membership rejected a tentative labor contract between the union and company.

  • October 14, 2021

    NLRB Lets Glass Co. Avoid Additional Pension Payments

    An Illinois glass manufacturing company is not required to make payments to the pension funds of two employees who were threatened with termination if they continued their union affiliation, the NLRB ruled, saying the board's general counsel did not provide a clear argument justifying additional compensation.

  • October 14, 2021

    NLRB Rejects Casino Magnates' Challenge To Subpoenas

    Billionaire brothers Frank and Lorenzo Fertitta must testify in a sprawling unfair labor practice suit against Station Casinos, the National Labor Relations Board ruled, upholding board subpoenas seeking the executives' testimony.

  • October 14, 2021

    NYC Teacher Vax Rule Seems Likely To Pass 2nd Circ. Test

    A panel of Second Circuit judges appeared dubious on Thursday of claims that New York City's COVID-19 vaccine requirement for public school teachers violates the U.S. Constitution, signaling they're likely to back a Brooklyn federal judge's decision to let the mandate go forward.

  • October 14, 2021

    Union Organizing Is Down In Georgia, But Not Out

    Like much of the American South, Georgia is hardly booming when it comes to organized labor, with under 5% of workers in the state belonging to a public or private sector union. But that's not stopping unions from doing all they can to support their members' or organizers' efforts to boost unionization in the Peach State, experts say.

  • October 13, 2021

    NFL Union's Pursuit Of Washington Probe Emails A Stretch

    Following the resignation of Las Vegas Raiders head coach Jon Gruden over offensive emails leaked this week, the NFL players union is reportedly demanding the release of hundreds of thousands of other messages tied to an investigation of the Washington, D.C., team, but legal experts say such a broad request is likely out of reach.

  • October 13, 2021

    SEIU Calif. Head Steps Down Following Embezzlement Charge

    The head of the Service Employees International Union's California affiliate resigned Wednesday after state Attorney General Rob Bonta publicized a criminal complaint alleging that she embezzled money from a union-backed political fund and underreported more than $1.4 million in income over five years.

  • October 13, 2021

    Teamsters Can't Arbitrate Mandatory COVID-19 Vaccine Policy

    An Illinois federal judge rejected a Teamsters local unit's request to send a pension fund's new COVID-19 vaccination policy to interest arbitration, saying the arbitration clause in the parties' union contract is too narrow to apply to the mandate.

  • October 13, 2021

    NLRB Official OKs Election For Las Vegas Stagehand Union

    An NLRB official ruled that a group of stagehands and audiovisual technicians can vote in a mail-ballot representation election to establish a new unit encompassing eight Las Vegas facilities, saying the workers in the proposed unit share a distinct interest from those at the employer's other facilities.

  • October 13, 2021

    Shuler Says Unions Key To Jump-Starting Job Market

    AFL-CIO President Liz Shuler said Wednesday that organized labor will play an important role in rebuilding a job market that has been sluggish during the COVID-19 pandemic, saying workers are newly empowered to demand better conditions at their jobs.

  • October 13, 2021

    Driver Legally Fired Over Route Complaints, NLRB Judge Says

    An Indiana shipping company lawfully terminated a former driver who complained about her route assignments, a NLRB judge said, finding that the worker's complaints were not considered protected activity since she raised concerns on her own behalf rather than for a group of employees.

Expert Analysis

  • Public Agency Risks Grow Under New Calif. Pension Law

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    Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.

  • NLRB GC's Remedies Memos Should Concern Employers

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    Two recent memos from the National Labor Relations Board’s general counsel, endorsing stronger remedies for certain unfair labor practice charges, mean businesses must carefully administer discipline and negotiate bargaining agreements — otherwise, they may be forced to choose between risky litigation or full capitulation, say attorneys at Obermayer Rebmann.

  • College Athlete Employee Status Would Raise Novel Issues

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    A recent declaration that the National Labor Relations Board's office of general counsel now considers certain college athletes employees, if formally adopted by the NLRB, could bring new questions for colleges and athletes on workers' compensation, unemployment insurance, tax liability and more, says Mike Ingersoll at Womble Bond.

  • ERISA Ruling Reveals Big-Picture Health Benefit Issues

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    While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

  • 2nd Circ. Ruling Signals Decisive Shift To NLRB Contract Test

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    In its recent International Brotherhood of Electrical Workers v. National Labor Relations Board decision, the Second Circuit explicitly approved an NLRB test that gives employers flexibility to address unforeseen circumstances not addressed in union contracts, and signified the end of a decades-old test requiring a clear and unmistakable waiver of bargaining rights, says Frederick Braid at Holland & Knight.

  • What Employers Should Know About NLRB Top Cop Priorities

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    A recent memo released by the National Labor Relations Board's new general counsel signals changes in enforcement priorities, and both unionized and nonunionized employers should note potential shifts in precedent for contract work, handbooks, electronic media and more, say Robert Lian and James Crowley at Akin Gump.

  • Employer Lessons From 7th Circ. Ruling On Labor Violations

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    The Seventh Circuit’s recent affirmation of the National Labor Relations Board’s finding against Mondelez Global contains lessons for employers on unlawful discharges, unilateral changes and information requests — which also apply to mandatory vaccination and other pandemic-related policies, say Andrew Goldberg and Christina Wernick at Laner Muchin.

  • How High Court Takings Ruling Compares With Prior Analysis

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    In setting new precedent on regulatory takings with its recent decision in Cedar Point v. Hassid, the U.S. Supreme Court did not overrule the test established in its 1978 Penn Central v. New York City opinion, but it is possible that Penn Central would be decided differently today, says John Walk at Hirschler.

  • Under Biden, Nonunion Employers Can't Ignore Labor Law

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    The National Labor Relations Board under President Joe Biden will likely expand employee protections in the nonunion workplace, so employers must consider potential liabilities, especially regarding investigations, handbooks and discipline for worker misconduct, says Daniel Johns at Cozen O'Connor.

  • NLRB Saves Scabby But Must Go Further On Free Speech

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    The National Labor Relations Board recently reaffirmed that unions have the right to display banners and the rat-shaped balloon Scabby on public property near a work site shared by multiple employers, but the absence of full First Amendment protection for peaceful labor picketing has become increasingly untenable in view of U.S. Supreme Court decisions, says Catherine Fisk at the University of California.

  • How Purchasers, Debtors Can Navigate CBAs In Bankruptcy

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    As commercial bankruptcy filings rise, debtor and purchasing employers have several available tools to modify or eliminate preexisting collective bargaining agreements, with nuanced considerations established by the Bankruptcy Code and case law, says Stephania Sanon at McDermott.

  • Lessons On Protected Conduct From Starbucks NLRB Ruling

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    A recent National Labor Relations Board ruling against Starbucks, finding that the company violated the National Labor Relations Act, helps to illustrate examples of protected conduct and highlights some best practices for employers considering adverse action against employees who have engaged in union activities, says Geoff Gilbert at Constangy Brooks.

  • 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.