Labor

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Penn Fellows' Exclusion From Union Vote Reversed By NLRB

    University of Pennsylvania graduate students studying biology and biochemistry under fellowships can vote alongside other graduate students in an upcoming union representation election, the National Labor Relations Board ruled Wednesday, overturning a finding that a 2017 agreement required their exclusion.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Electrical Workers Union Sues LIRR Over Cannabis Firing

    The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.

  • April 09, 2024

    Carpenters Urge 9th Circ. To Restart Union Retirement Fight

    A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

  • April 09, 2024

    NLRB GC Refuses To Back Down Over Constitutional Rows

    National Labor Relations Board general counsel Jennifer Abruzzo hit back Tuesday at SpaceX, Amazon, Starbucks and other employers that have challenged the agency's constitutionality after it accused them of labor law violations, casting their arguments as attempts to slow board prosecutions and avoid obligations to workers.

  • April 09, 2024

    Hotel Owed Union Bargaining Over Renovation, DC Circ. Says

    A Hilton hotel in Alaska is on the hook for federal labor law violations after renovating rooms in a way that changed housekeepers' work conditions without sufficiently looping in the employees' union, the D.C. Circuit held Tuesday, enforcing a National Labor Relations Board decision.

  • April 09, 2024

    NLRB Election Petitions Jump 35% In 1st Half Of FY 2024

    Representation election petitions filed with the National Labor Relations Board rose by about 35% in the first half of the current fiscal year compared with fiscal year 2023, the agency announced Tuesday, attributing the boost to its Cemex decision, which increased the petitions filed by employers.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 09, 2024

    Distillery Gave Bourbon To Undercut Union, NLRB Judge Says

    A National Labor Relations Board judge ordered a Kentucky distillery to bargain with a Teamsters local after finding the distillery violated federal labor law by giving workers raises and free bourbon, among other job improvements, in trying to undermine support for an organizing campaign.

  • April 09, 2024

    PBGC Gets $127M Overpayment Back From Teamsters Fund

    The Pension Benefit Guaranty Corp. has recovered nearly $127 million mistakenly allotted to dead Teamsters pensioners in a bailout of multiemployer retirement plans approved during the pandemic, the federal government said.

  • April 08, 2024

    NLRB GC Urges Make-Whole Remedies For Illegal Work Rules

    The National Labor Relations Board's top prosecutor issued a memorandum Monday telling regional offices to seek make-whole remedies for workers "regardless of whether those employees are identified" in an unfair labor practice investigation involving illegal work rules or employment agreements.

  • April 08, 2024

    Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.

    An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling. 

  • April 08, 2024

    Marine Co. Beats Ex-Worker's Wage Row, For Now

    A civil marine contractor successfully convinced a California federal judge to toss an ex-worker's wage and hour proposed class action for lack of evidence, but the judge left the door open for the worker to refile the suit.

  • April 08, 2024

    8th Circ. Upholds NLRB's Broad Remedies Against Meat Co.

    The Eighth Circuit on Monday upheld a National Labor Relations Board decision finding a meat processor in Nebraska illegally bargained in bad faith with a United Food and Commercial Workers affiliate, backing the board's broad remedies order that included reimbursing the union for negotiating expenses.

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    3 Questions For California's Fast Food Council

    The California Fast Food Council has a mandate to reform the fast-food industry, and coming off its first meeting, employment law practitioners have questions about how it can improve upon the state's already robust regulations and whether it will be balanced. Here, Law360 explores three such questions for the council as it gets up and running.

  • April 08, 2024

    Cemex Case Puts Focus On Detail Of Recognition Demands

    The National Labor Relations Board's landmark decision in August that reworked the process for union representation elections has put more focus on unions' requests for voluntary recognition from employers, but experts said the changes have been more technical than drastic.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    GC Urges NLRB To Reverse Whole Foods BLM Gear Ruling

    Whole Foods should be found in violation of federal labor law for preventing workers from wearing Black Lives Matter apparel and buttons, National Labor Relations Board prosecutors contended Friday, saying an agency judge wrongly found the workers' adornment of the gear wasn't protected.

  • April 05, 2024

    NJ Smoking Law Violates Casino Workers' Rights, UAW Says

    A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.

  • April 05, 2024

    UAW Seeks Vote At Ala. Mercedes Plants, Cites Broad Support

    The United Auto Workers petitioned the National Labor Relations Board on Friday to hold a union representation election among more than 5,000 workers across two Mercedes plants in Alabama, the union's second petition targeting Southern car plants amid an organizing blitz.

Expert Analysis

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

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