Labor

  • August 29, 2024

    Brewer Fights NLRB Order Over Union President Put On Leave

    A Puerto Rico beer company asked the D.C. Circuit Thursday to reverse a National Labor Relations Board decision finding it unlawfully declared impasse during bargaining and placed a union president on long-term leave, saying the board improperly cited a settlement of an unrelated case as evidence of antiunion sentiment.

  • August 29, 2024

    National Labor Relations Board Appoints 1st Chief AI Officer

    The National Labor Relations Board on Thursday announced the appointment of an assistant general counsel and e-litigation chief as the agency's first-ever chief artificial intelligence officer.

  • August 29, 2024

    Starbucks' Remark On Worker Trustworthiness Found Illegal

    A Starbucks manager at a Tennessee cafe illegally told a worker that employees became untrustworthy after union organizing efforts sprang up, a National Labor Relations Board judge ruled, saying a reasonable employee would consider the remarks a threat of retaliation.

  • August 28, 2024

    Teamsters Can't Arbitrate Sysco Pension Spat, Judge Says

    A Teamsters local can't take its challenges about a monthly early retirement benefit to arbitration, a Michigan federal judge determined Wednesday, finding that the grievance process under a collective bargaining agreement doesn't cover the dispute.

  • August 28, 2024

    Wash. AG Fears Kroger Will Move Goalposts For Merger Trial

    The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.

  • August 28, 2024

    NLRB's BLM Ruling Shows Limits Of Protest Protections

    A National Labor Relations Board decision finding federal labor law did not protect three Alabama bar workers who claimed they were forced to quit after attending Black Lives Matter protests shows the limits of protections for employees' political protests, experts said, and illustrates how fact-specific such cases can be.

  • August 28, 2024

    In WNBA Pregnancy Bias Suit, Contract Tensions Emerge

    A recent pregnancy bias lawsuit by WNBA player Dearica Hamby highlights the challenges faced by professional athletes who are also parents, especially when it comes to the leeway teams have to trade players, experts said. Here, Law360 dives into Hamby's case and highlights three key things attorneys should know.

  • August 28, 2024

    8th Circ. Revives FMLA Interference Claim Against Pork Co.

    An Iowa federal judge correctly tossed a mechanic's claim that a pork processing plant discriminated against him for taking Family and Medical Leave Act leave by firing him, the Eighth Circuit said Wednesday, but it said the judge should have preserved a claim that the discharge constituted FMLA interference.

  • August 28, 2024

    Hospital Co. Fired Worker For Wage Talk, NLRB Judge Says

    An Indiana hospital operator violated federal labor law by firing an employee for talking about pay with co-workers, a National Labor Relations Board judge ruled, tossing the company's argument that the worker's conversations lacked protection because they were only for his benefit.

  • August 28, 2024

    USPTO Atty Union Loses Bid For Right To Review Settlements

    The U.S. Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.

  • August 27, 2024

    Floodgates Are Open On NLRB Constitutionality Challenges

    The trickle of challenges to the National Labor Relations Board's constitutionality that began last fall has become a flood, with at least five employers filing federal court suits in recent weeks seeking to block NLRB cases. It's not expected to let up anytime soon. 

  • August 27, 2024

    NLRB Judge OKs AFSCME Unit's Firing Of Dissident Staffer

    An American Federation of State, County and Municipal Employees affiliate did not violate federal labor law when it fired a staff member who supported officers who lost an internal election, a National Labor Relations Board judge ruled Tuesday, saying the worker hadn't taken part in any protected actions.

  • August 27, 2024

    Automaker Sets Sights On NLRB's Ability To Seek Injunctions

    The protections from presidential removal afforded to National Labor Relations Board members and judges should render agency officials unable to pursue injunctions against employers, an electric car manufacturer has argued in Arizona federal court, saying the officials cannot act "pursuant to an unconstitutional mandate."

  • August 27, 2024

    Trump-Linked Group Says OPM Delaying Union Comms Bid

    The Office of Personnel Management has delayed its response to information bids about agency communications with public sector unions, an organization led by former Trump administration officials alleged in Texas federal court, calling for an order to require the disclosure of requested details.

  • August 27, 2024

    Grocery Co. Appeals Union Pension Fund's Win To 7th Circ.

    A grocery retailer will appeal its Illinois federal court loss to the Seventh Circuit in a dispute over union pension fund withdrawal liability, after the court in July backed an arbitrator's decision that upheld the union's calculation of what was owed as compliant with federal benefits law.

  • August 27, 2024

    Biz Groups Ask To Join Arguments In Starbucks 3rd Circ. Spat

    The National Labor Relations Board's order making employers pay for "direct or foreseeable" harms that emanate from federal labor law violations poses "serious constitutional problems," the U.S. Chamber of Commerce and other groups contended, submitting an unopposed bid to raise this argument in a Third Circuit case involving Starbucks.

  • August 26, 2024

    Albertsons Paints Picture Of Dire Future Without Kroger Deal

    Albertsons told an Oregon federal judge Monday that if the Federal Trade Commission is able to block a proposed merger with Kroger, it could lead to layoffs and shuttered stores, because a go-it-alone Albertsons doesn't have the wholesale buying power to compete with Walmart and Costco on prices.

  • August 26, 2024

    Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Rule

    A Georgia federal judge on Monday temporarily restricted the U.S. Department of Labor's ability to enforce a rule protecting union-related activities for H-2A foreign agricultural workers, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.

  • August 26, 2024

    Colo. Railroad, Union Reach Tentative Deal In Firings Dispute

    The International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division and a railroad notched a tentative settlement to resolve a case seeking punitive and compensatory damages after the employer fired two workers who supported the union, the parties told a federal court Monday.

  • August 26, 2024

    Fla. Calls DOL Threat Over Transit Funding Unconstitutional

    Florida asked a federal judge Monday for a win in its suit against the U.S. Department of Labor, arguing that the department's threat to withhold more than $800 million in funds for transportation infrastructure because of a new law cracking down on public-sector labor power is unconstitutional.

  • August 26, 2024

    NLRB Official Approves Union Vote At Mo. Cannabis Co.

    The head of the National Labor Relations Board's St. Louis office has greenlighted 70 workers at a northwestern Missouri cannabis company to vote on representation by a Teamsters local, rejecting the company's argument that workers in its manufacturing department don't belong in the voting pool.

  • August 26, 2024

    Teamsters Unit Can't Raise Md. WARN Act Claim, Judge Says

    A Teamsters affiliate doesn't have an avenue to bring a Maryland WARN Act claim against two companies involved with automobile distribution, a federal judge concluded Monday, saying the state Legislature didn't intend to have an implied private right of action in the law.

  • August 26, 2024

    NLRB Settlement Ends Mo. Bank's Constitutionality Challenge

    A Missouri bank withdrew its challenge to the National Labor Relations Board's constitutionality in Missouri federal court Monday, saying it settled the unfair labor practice case that gave rise to the lawsuit.

  • August 26, 2024

    UNITE HERE Calls Tribe's Bid To Nix Arbitration Award Flawed

    A Native American tribe's attempt to escape a memorandum of agreement with UNITE HERE is "riddled with procedural and substantive flaws," the union has argued, asking a California federal judge to toss the tribe's bid to vacate an arbitration award requiring the tribe to comply with the pact.

  • August 26, 2024

    NLRB Attys Say Chipotle Denied Raises To Union Workers

    National Labor Relations Board prosecutors found merit to a Teamsters local's claim that Chipotle unlawfully withheld raises from unionized employees at a store in Michigan, setting up a potential administrative suit against the fast food chain.

Expert Analysis

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

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