Labor

  • March 14, 2024

    NLRB's Cemex Decision Could Impact Injunction Bids In Court

    The National Labor Relations Board's decision loosening the standard for ordering employers to bargain based on labor law violations is likely to change how courts weigh granting injunctions requested by agency prosecutors, experts said, though it remains to be seen whether that shift will lead to more or fewer injunctions.

  • March 14, 2024

    NLRB Certifies Dartmouth Men's Basketball Player Union

    Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.

  • March 14, 2024

    Ind. Nursing Home Nurses Get OK For Teamsters Vote

    A National Labor Relations Board official gave the green light to nurses at an Indiana nursing home to vote on representation by a Teamsters local, rejecting the facility's argument that the nurses are union-ineligible supervisors.

  • March 14, 2024

    Worker Fired Over Union Activity, Not Vax, NLRB Tells DC Circ.

    The D.C. Circuit should uphold a National Labor Relations Board decision finding a real estate management firm illegally fired a union supporter, the board argued, saying evidence doesn't back the company's claim that it lawfully terminated the worker because he hadn't been vaccinated against COVID-19.

  • March 13, 2024

    DOL Slacks On Enforcing Farm Labor Protections, Groups Say

    A group of farmworkers unions and nonprofits that advocate for farmworkers' interests have sued the U.S. Department of Labor in Washington, D.C., federal court, saying the agency hasn't been complying with a 1980 regulation designed to improve its enforcement of farmworkers' legal protections.

  • March 13, 2024

    NLRB Official Expands Bargaining Unit At Colo. Ski Resort

    Volunteer ski patrol workers must be included in a proposed bargaining unit at a Colorado ski resort, an NLRB official found Wednesday, siding with the employer's bid to broaden the unit in a representation election with the Communications Worker of America.

  • March 13, 2024

    FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.

    An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.

  • March 13, 2024

    'Roe v. Wade' Production Co. Ordered To Pay Actors

    A production company that worked on the 2020 film "Roe v. Wade" must pay SAG-AFTRA about $382,000 in a dispute over actors' salaries and benefits, a California federal judge ruled, confirming an arbitration award and granting the union's attorney fee request.

  • March 13, 2024

    NLRB Halts Union Election To Consider SEIU Intervention Bid

    A Service Employees International Union local won its request to pause an election in which workers would choose which of two other security officers' unions would represent them, with the National Labor Relations Board indicating it may consider shifting board precedent for union intervention in representation votes.

  • March 12, 2024

    Trader Joe's Made Illegal Threats Over Raises, NLRB GC Says

    Trader Joe's violated federal labor law by threatening workers at a Kentucky store with the elimination of raises over their potential backing for an independent union, according to National Labor Relations Board prosecutors' complaint obtained by Law360 on Tuesday.

  • March 12, 2024

    SEIU-Backed Calif. City Wage Ordinance Partially Axed

    Federal labor law doesn't preempt parts of a Service Employees International Union-backed ordinance increasing the hourly minimum wage to $25 for healthcare workers in a California city, a federal court ruled, while finding one section of the law could interfere with collective bargaining.

  • March 12, 2024

    Legal Aid Union Subpoenaed Over Israel-Hamas Resolution

    The chair of the House Education and Workforce Committee has subpoenaed a New York City-area union that represents legal aid attorneys, demanding that the union hand over documents related to the passage of a resolution supporting a ceasefire in the Israel-Hamas war.

  • March 12, 2024

    ERISA Preempts Part Of Ill. Law Amedment, Judge Rules

    The portion of an amendment to an Illinois law regulating temporary labor forces agencies to modify their Employee Retirement Income Security Act plans, a federal judge ruled, granting a group of staffing associations and agencies' bid for an injunction.

  • March 12, 2024

    Starbucks Union Breakthrough Doesn't Mean Easy Bargaining

    Starbucks and Workers United appear poised to begin bargaining in earnest after reaching a detente more than two years after the acrimonious organizing campaign kicked off, but the end of Starbucks' resistance to negotiating doesn't mean deals will follow soon.

  • March 12, 2024

    Unions Say China's Shipbuilding Boom Is Based On Unfair Trade

    The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.

  • March 12, 2024

    Davis Wright Adds 3rd MoFo Litigator This Month In Calif.

    Davis Wright Tremaine LLP has added its third litigator this month from Morrison Foerster LLP with the addition of an employment and labor partner in Los Angeles, the firm announced Tuesday.

  • March 12, 2024

    Union Dodges Privacy Invasion Claim In Ex-Worker's Bias Suit

    A transit workers union is not legally responsible for a union health plan employee's unauthorized disclosure of a former union staffer's HIV status, a Maryland federal judge ruled, slicing an invasion of privacy claim off the former employee's discrimination lawsuit against the union.

  • March 12, 2024

    SpaceX Jurisdiction Claims In Firing Row Nixed By Split NLRB

    SpaceX hasn't proven it is an air carrier exempt from the National Labor Relations Board's purview, a divided board panel determined, with the agency's sole Republican member saying he would refer the case to the National Mediation Board to review jurisdiction.

  • March 11, 2024

    Contractor Wants Mich. Judge To Rethink Agreement Order

    A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.

  • March 11, 2024

    'Ping-Pong Game' Continues Over NLRB Joint Employer Rule

    A Texas federal judge's decision late last week vacating the National Labor Relations Board's expanded joint employer test was a welcome development for employers and marks the latest step in a decadelong policy oscillation on when the board will consider two linked entities responsible for the same group of workers.

  • March 11, 2024

    Teamsters Can't Pause Discovery In $137M Fight With Yellow

    A Kansas federal judge shot down the Teamsters' request to pause the discovery process in a $137 million lawsuit accusing the union of holding up a necessary corporate restructuring at the now-bankrupt trucking company Yellow Corp., ordering the union to keep producing documents.

  • March 11, 2024

    Biden Proffers $320M NLRB Budget, 'Penalties For Employers'

    President Joe Biden proposed a bump in the National Labor Relations Board's budget to $320 million for the following fiscal year, the White House revealed Monday, presenting another potential increase for the board and "significantly increasing penalties for employers."

  • March 11, 2024

    Activision Workers Unionize With CWA After Neutrality Deal

    Microsoft recognized the Communications Workers of America as the representative of Activision quality assurance employees following a vote count, the union announced, highlighting the parties' agreement that the tech giant remain neutral during organizing campaigns.

  • March 09, 2024

    NLRB's Joint Employer Rule Struck Down By Texas Judge

    A Texas federal judge late Friday struck down a 2023 National Labor Relations Board rule that made it harder for employers to show they are not joint employers, restoring a Trump-era rule that eased the test. 

  • March 08, 2024

    2 Calif. Union Dues Cases Echo Janus Ruling, 9th Circ. Told

    An attorney for an anti-union think tank urged the Ninth Circuit on Friday to revive a pair of lawsuits alleging his public sector employee clients' constitutional rights were violated by union dues being collected against their will, likening the cases to the U.S. Supreme Court's landmark 2018 Janus ruling.

Expert Analysis

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

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