Labor

  • April 03, 2024

    Trader Joe's Made Threats During Union Drive, NLRB GC Says

    National Labor Relations Board prosecutors accused Trader Joe's of violating federal labor law by threatening and interrogating workers in the midst of an organizing drive at a California store, according to a complaint obtained by Law360 on Wednesday.

  • April 03, 2024

    Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule

    A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    NLRB Fights Theater Co.'s Confidentiality Claims At 2nd Circ.

    A theatrical production company can't assert confidentiality to duck information requests from Actors' Equity Association, the National Labor Relations Board told the Second Circuit, urging it to affirm a board decision finding that the company unlawfully refused to provide financial details.

  • April 03, 2024

    Closed Walgreens Pharmacy In Oregon Avoids Union For Now

    A Walgreens in Oregon that closed its pharmacy the day its pharmacist and pharmacy technicians announced their union organizing campaign doesn't have to hold a union representation election, a National Labor Relations Board official said, saying the union can request an election again if the pharmacy reopens.

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Bills Tying Incentives To Card Check Could Be Preempted

    Southern state legislatures recently have shown an interest in bills that would bar businesses that receive state economic incentives from voluntarily recognizing unions based on authorization cards, and experts expect the concept to spread even as questions remain about whether such measures are preempted by federal labor law.

  • April 02, 2024

    Transportation Department Finalizes New Train Crew Size Rule

    The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.

  • April 02, 2024

    Worker In NLRB GC's Rules Remedy Case Asks For Atty Fees

    A worker requested attorney fees and costs as a make-whole remedy in an unfair labor practice case in which the NLRB's general counsel pushed for broadened relief in work rule disputes, arguing that he had to hire private counsel in his challenge to a mortgage lender's employment agreement.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    $40M Union Pension Dispute To Head Back To Arbitrator

    A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Scholars Back Lower Bar For NLRB Injunction At High Court

    A group of labor law professors defended the National Labor Relations Board's ability to dodge certain injunction requirements placed on private parties in a brief to the U.S. Supreme Court, recommending the justices side with the agency over Starbucks in a dispute about how the NLRB obtains injunctions.

  • April 02, 2024

    Plastics Co. Asks 3rd Circ. To Back Order Denying Rehire

    A plastics manufacturer called on the Third Circuit to uphold an arbitration award that denied reinstatement to a fired worker in Delaware, contending that the arbitrator correctly used an evidentiary doctrine to block a rehire remedy because the company found out the worker was intoxicated after his termination.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Union, Workers Must Comply With Starbucks' Subpoenas

    Workers United and a fired Starbucks employee must comply with subpoenas seeking information about workers' sentiments toward the union at a Long Island cafe following the worker's termination, a New York magistrate judge ruled, finding no confidentiality concerns.

  • April 01, 2024

    Bankrupt Coal Co.'s Affiliates Beat $6.5B Union Pension Suit

    A bankrupt coal company's affiliates have dodged claims that they owe $6.5 billion to a union pension plan, with a Washington, D.C., federal judge holding that the plan's trustees lacked standing to sue under the Employee Retirement Income Security Act because one trustee wasn't properly appointed.

  • April 01, 2024

    Right-Wing Personality Hit With Severance Charge At NLRB

    Conservative media personality Steven Crowder was hit with a National Labor Relations Board charge alleging he's leaning on an illegal separation agreement in a suit to stop an ex-producer from speaking out about him.

  • April 01, 2024

    Union Backs USPS In Bias Suit That Went To High Court

    A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.

  • April 01, 2024

    Carlton Fields Adds Stearns Weaver Employment Pro In Fla.

    Carlton Fields PA has added a labor and employment attorney from Stearns Weaver Miller as of counsel in its Tampa office, the firm announced Monday.

  • April 01, 2024

    NLRB Awards Disputed Seattle Port Work To ILWU

    Workers represented by the International Longshore and Warehouse Union are entitled to perform certain work at a port terminal in Seattle, the National Labor Relations Board ruled, rejecting the International Association of Machinists' bid for its members to take on the work.

  • April 01, 2024

    NLRB Official Tosses OPEIU's Election Bid At Consulting Co.

    A National Labor Relations Board official denied a petition from an Office and Professional Employees International Union affiliate to hold an election to represent workers at a consulting firm, saying the characteristics of workers who would be included and excluded from the proposed bargaining unit aren't clearly delineated.

  • April 01, 2024

    UNITE HERE President Steps Down After 11 Years

    The president of UNITE HERE has stepped down after 11 years of leading a union that represents 300,000 workers, the union announced Monday.

  • April 01, 2024

    Littler Adds Longtime Home Builders Association Atty In DC

    Littler Mendelson PC has hired a more than 20-year veteran of the National Association of Home Builders' in-house legal department to bolster its expertise counseling employers on construction liability, regulatory compliance and related matters, the firm recently announced.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • 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.

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