Labor

  • April 25, 2024

    Paint Cos. Owe Fringe Benefits, Union Fund Trustees Say

    The trustees of an International Union of Painters and Allied Trades benefits fund accused a Michigan painting company of violating a collective bargaining agreement by not making contributions and subcontracting work to a related entity in an attempt to evade its obligations.

  • April 25, 2024

    Amazon Owes DOL Info On Anti-Union Expenses, Judge Says

    A Washington federal judge has ordered Amazon to comply with a U.S. Department of Labor subpoena seeking information about how much the company spent funding executives' travel to Staten Island, New York, to oppose a union organizing drive, saying the information is relevant to a DOL investigation.

  • April 25, 2024

    Rival Amazon Union Attys Get Warning From Federal Judge

    A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.

  • April 25, 2024

    Airplane Fuel Co. Seeks To Ax Union Healthcare Dispute

    A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.

  • April 25, 2024

    NLRB Official OKs Union Vote At Blood Collection Nonprofit

    A group of workers at some of a blood collection nonprofit's locations in the Seattle area can vote on whether to unionize with a Teamsters local, a National Labor Relations Board official determined, rejecting the employer's claim that three more facilities should be included in the election.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    SpaceX Stalling Case's Launch To Calif., NLRB Says

    The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.

  • April 24, 2024

    Cemex Effect On Election Petitions Could Be Source Of Delay

    The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.

  • April 24, 2024

    10th Circ. Nixes Worker's Grievance Claims Against Union

    The Tenth Circuit upheld on Wednesday the dismissal of a former U.S. Postal Service employee's duty of fair representation claims against a National Association of Letter Carriers affiliate in Colorado over the resolution of his termination grievance.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    Ivy League Says Unionization Could 'Threaten' College Sports

    Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.

  • April 24, 2024

    Airline Says Teamsters Lack Standing For Retaliation Claims

    Sun Country Airlines asked a Minnesota federal court to toss retaliation claims brought by the Teamsters on behalf of workers who were involved in an organizing drive, saying the union cannot bring allegations for employees who aren't named plaintiffs.

  • April 23, 2024

    Justices Probe NLRB's Burden In Starbucks' Injunction Appeal

    The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.

  • April 23, 2024

    Divisive Cost Cap Deadline Looms For Calif. Healthcare Cos.

    California healthcare attorneys are preparing for the state's first cap on healthcare spending proposed by a new state office tasked with making care affordable. Industry leaders are sharply split on the viability of a proposed 3% target, which some say may ultimately do more harm than good for a state suffering from skyrocketing healthcare costs.

  • April 23, 2024

    NLRB Defends Bargaining Order Shift At 9th Circ.

    The National Labor Relations Board urged the Ninth Circuit to uphold a decision in which it lessened the standard for issuing bargaining orders against employers who commit labor law violations in response to organizing, saying the revised approach will better deter unfair labor practices.

  • April 23, 2024

    Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store

    An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.

  • April 23, 2024

    Shell Liable For Meme Poster's Back Pay, Energy Co. Says

    The successor owner of Washington state refinery argued the company isn't responsible for a back pay award to a worker fired after posting a meme, saying the previous owner, Shell, is liable for the payments in a United Steelworkers grievance and arbitration dispute.

  • April 23, 2024

    Seattle-Area Ski Instructors Greenlit For Union Vote

    A National Labor Relations Board official has cleared instructors at a ski resort in the Seattle area to vote on union representation during the next ski season.

  • April 23, 2024

    King & Spalding Adds Kirkland Employment Partner In DC

    King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.

  • April 22, 2024

    USW Says EPA Asbestos Ban Doesn't Protect Workers Enough

    The United Steelworkers and the nonprofit Asbestos Disease Awareness Organization called on the D.C. Circuit to review the U.S. Environmental Protection Agency's recent ban on the most prevalent variety of asbestos, with the union arguing the ban falls short by failing to provide certain interim protections.

  • April 22, 2024

    NLRB Says 3rd Circ. Must Back Solo Action Precedent Shift

    The National Labor Relations Board called on the Third Circuit on Monday to enforce an agency precedent shift over federal labor law protections for a single worker's actions on the job, arguing historical practice backs the board's analysis of concerted activity.

  • April 22, 2024

    What to Expect As Justices Mull NLRB Injunction Standard

    The U.S. Supreme Court will hear arguments Tuesday in a case that could make it tougher for the National Labor Relations Board to get rare injunctions to stop labor violations from trampling workers’ rights. Here, Law360 previews the arguments in Starbucks’ bid to unify the test the courts use to vet NLRB injunctions.

  • April 22, 2024

    Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

    A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

  • April 22, 2024

    NYC Hotel Seeks Order Ending Union's 'Indefinite' Agreements

    A Hyatt hotel near Wall Street urged a New York federal judge to find that certain agreements with "indefinite" terms between a hotel workers union and a previous operator of the hotel can't be enforced, saying those accords aren't part of labor contracts with a hotel association.

Expert Analysis

  • Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

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    The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

  • NLRB Reversal On Union Apparel Is A Warning For Employers

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    The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

  • Proposed NLRB Rule Would Vastly Expand Joint Employment

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    The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.

  • Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

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    California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

  • Prepare For NLRB Collaboration With Antitrust Agencies

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    The National Labor Relations Board's recent agreements with the Federal Trade Commission and the U.S. Department of Justice may herald increased interagency engagement on noncompete and no-poach issues, so companies that face scrutiny from one agency may well quickly be in the crosshairs of another, say attorneys at BakerHostetler.

  • Watson Discipline Case Shows NFL's Power In Labor Disputes

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    While the six-game suspension a disciplinary officer recently ordered against Cleveland Browns quarterback Deshaun Watson aligns with labor law standards, the NFL has authority to increase the punishment with little to no recourse for Watson or the NFL Players Association — thanks to the 2016 “Deflategate” case, says Michael Elkins at MLE Law.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • What New Captive Audience Law Means For Conn. Employers

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    Given a new Connecticut law that allows employees to opt out of captive audience meetings where employers share religious or political opinions, companies will need to address the liability risks posed by this substantial expansion of employee free speech rights, say attorneys at Shipman & Goodwin.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

  • Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

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    A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

  • 4 Labor Relations Lessons From Soccer League CBA

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    As a resurgent labor movement prompts employers to consider how to respond to unionization efforts, the first collective bargaining agreement between the National Women's Soccer League and the union representing its players provides important insights, says Chris Deubert at Constangy Brooks.

  • 3rd Circ. Ruling Shows Limits Of Regulating Employer Speech

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    It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.

  • Memo Shows NLRB's Pro-Union Property Access Agenda

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    A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.

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