Labor

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    SEIU Dodges Nursing Homes' Defamation Claim

    A New Jersey federal judge dismissed defamation and trade libel allegations by nursing home operators against a union and its affiliates in light of U.S. Supreme Court precedent, saying the unions' statements at the center of the claims are connected to a labor dispute.

  • March 29, 2024

    Why The NLRB Doesn't Hold Electronic Elections In 2024

    The National Labor Relations Board's representation election process remains analog in 2024 despite a series of pushes to lift a long-standing legislative bar on pursuing electronic voting. Here, Law360 explores the debate over e-voting at the NLRB.

  • March 29, 2024

    OSHA Finalizes Rule Letting Unions Join Job Site Inspections

    The Occupational Safety and Health Administration issued a final rule Friday broadening workers' right to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

  • March 29, 2024

    NLRB Says Amazon Had Unlawful Off-Duty Access Rule

    Amazon violated federal labor law by maintaining a policy that restricted off-duty workers' access to a Kentucky facility, the National Labor Relations Board ruled Friday, saying the rule gave the company too much discretion over access and rejecting the company's claim that it quickly walked back the rule.

  • March 29, 2024

    Captive Audience Memo Order Must Stand, 5th Circ. Told

    The Fifth Circuit shouldn't revive staffing companies' First Amendment claim challenging a memo from the National Labor Relations Board's top prosecutor arguing that so-called captive audience meetings are illegal, the lead agency official argued, saying district courts lack jurisdiction to review the allegations over her guidance.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    SEIU Unit Defends Dartmouth Men's Basketball Union Ruling

    The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    Former Prison Contractor Must Pay $112K, 6th Circ. Says

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.

  • March 28, 2024

    4 Takeaways As Hollywood Asks For AI Deepfakes Laws

    Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.

  • March 28, 2024

    Starbucks' 10(j) Push Just 'Semantics,' AFL-CIO Tells Justices

    The AFL-CIO backed the National Labor Relations Board on Thursday in Starbucks' case at the U.S. Supreme Court seeking to unify the standards courts apply to the agency's injunction bids, saying the courts all use effectively the same test, even if some apply more or different factors than others.

  • March 28, 2024

    NLRB Judge Finds Buffalo Starbucks Firings Illegal

    Starbucks violated federal labor law by constructively discharging a former barista in Buffalo, New York, who is now a union spokesperson, a National Labor Relations Board judge ruled, while dismissing other unfair labor practice allegations against the coffee chain involving cut hours and failure to negotiate over discipline.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    AFL-CIO Names Ex-CWA General Counsel For Advocacy Role

    Union federation AFL-CIO announced it has named an experienced attorney who spent nearly 25 years working on government and labor movement matters, including a stint as general counsel with the Communications Workers of America, as its new director of advocacy.

  • March 28, 2024

    Amazon Overreached With Subpoenas, NLRB Judge Says

    Amazon can't force a group of pro-union employees to reveal what they've told National Labor Relations Board prosecutors during investigations into the company's union response, an NLRB judge ruled, trimming a series of subpoenas issued to the workers.

  • March 27, 2024

    Sega Workers Ratify 1st Contract In 'Landmark Moment'

    Unionized Sega of America workers backed the ratification of their first contract with the video game giant, according to an announcement from the union Wednesday, saying the parties agreed to raises, benefits and other protections for workers.

  • March 27, 2024

    DC Circuit Upholds NLRB Firing Decision Despite Legal Shift

    The D.C. Circuit upheld an NLRB ruling that a Cadillac dealer illegally fired a worker even though the board changed the applicable precedent during the appeal, saying Wednesday that the long-running case appears to shake out the same under either version of the shifting standard for worker outbursts.

  • March 27, 2024

    Hospital Co. Can't Quash ERISA Suit Subpoenas, Judge Says

    A Buffalo, New York-area hospital network lost its bid to quash two subpoenas in a proposed Employee Retirement Income Security Act class action Wednesday, with a New York federal judge ruling that the network challenged the subpoenas to two of its advisers in the wrong court.

  • March 27, 2024

    Black Workers' Race Bias Suit Against Union Can't Proceed

    A group of Black workers can't bring race bias allegations against a union, a federal international trade judge concluded, dismissing a proposed class action complaint that claimed the union had a "long history of discrimination" against Black people.

  • March 27, 2024

    Governor Directs Pa. To Use More Project Labor Agreements

    Pennsylvania Gov. Josh Shapiro announced Wednesday that he is directing state agencies to consider including project labor agreements — pre-hiring collective bargaining agreements that can cover multiple contractors and labor unions — in all major capital projects.

  • March 27, 2024

    Employers Wary Of NLRB GC's Work Rule Remedy Push

    The National Labor Relations Board's top prosecutor is pushing to expand available remedies for workers whose employers discipline them under unlawfully overbroad work rules, prompting concerns from employers that the initiative could result in a complicated process for determining who is entitled to the relief.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

Expert Analysis

  • 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.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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