Labor

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

  • May 14, 2024

    NLRB Official OKs UFCW Vote At Calif. Planned Parenthood

    A group of Planned Parenthood workers at six facilities in Southern California may vote on whether they want a United Food and Commercial Workers affiliate to represent them, a National Labor Relations Board regional director determined, tossing the reproductive health care provider's arguments for a larger bargaining unit.

  • May 13, 2024

    NLRB Official Lets SoCal Nurses Vote On SEIU Representation

    Twelve registered nurses at a Southern California hospital are free to vote on representation by a Service Employees International Union local later this month, a National Labor Relations Board official has held, rejecting the hospital's claim that the nurses are union-ineligible supervisors.

  • May 13, 2024

    Amazon Can't Duck Order To ID Workers For Union Election

    A New York federal judge ordered Amazon on Monday to immediately turn over workers' contact information to a monitor overseeing a vote to elect the Amazon Labor Union's first officers, rejecting the company's request that she reconsider a May 9 decision.

  • May 13, 2024

    Workers At New Jersey Apple Store Vote Down Union

    Workers at an Apple Store in New Jersey voted against being represented by the Communications Workers of America as the union accused the company of using an "anti-union playbook" to sink the unionization effort.

  • May 13, 2024

    Imaging Co. Flouted Deal By Not Rehiring Worker, NLRB Says

    A medical imaging facility in the Los Angeles area wrongly laid off a union-represented worker in 2019, promised to reinstate her and then never did, the National Labor Relations Board found, ordering the facility to rehire the worker after five years.

  • May 13, 2024

    Starbucks Cracked Down On Union Gear, NLRB Judge Says

    Starbucks violated federal labor law by barring workers at a New York store from wearing union shirts on the job, a National Labor Relations Board judge ruled, saying the company allowed workers to wear shirts with logos supporting other causes.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 10, 2024

    Starbucks Fired Worker Over Early Closure, NLRB Judge Says

    Starbucks unlawfully fired a worker who closed a store early in protest of staffing issues, a National Labor Relations Board judge held Friday, saying the action was a protected strike and that the worker did not lose the protection of federal labor law during heated conversations with managers.

  • May 10, 2024

    American Airlines Worker Fights To Keep OT Suit Alive

    An American Airlines employee is trying again on a claim that the company owes him overtime pay under the Fair Labor Standards Act, telling an Arizona federal judge Friday that the latest version of his complaint shows he's covered by the FLSA, not the Railway Labor Act. 

  • May 10, 2024

    Construction Co. Shakes Black Ex-Worker's Bias Suit

    A Washington federal judge granted a win Friday to a construction company in a Black ex-worker's lawsuit, saying he failed to show he was forced to quit because he complained about his manager's racist comments and not because of the 18 safety warnings he received.

  • May 10, 2024

    Biz Faked Closure After Union Vote, NLRB Judge Says

    An Illinois sprinkler installer committed a barrage of labor violations around its workers' overwhelming vote to unionize in late 2022, including by withholding Christmas turkeys and firing 10 perceived union backers in a false shutdown, a National Labor Relations Board judge said.

  • May 10, 2024

    Deal Reported In Union Production Workers' Benefits Fight

    A settlement is likely coming in a proposed class action filed by Parsec Inc. employees against the National Production Workers Union in Illinois federal court, signaling an end to claims that the rail transportation company's withdrawal from a collective bargaining agreement should have triggered the payout of severance and retirement funds.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    Union Seeks To Force Kellanova To Arbitrate Wage Grievances

    The company formerly known as Kellogg Co. breached its union contract with a Bakery Confectionery Tobacco Workers & Grain Millers local by refusing to take two long-running wage grievances to arbitration, the union told a Michigan federal court Friday.

  • May 10, 2024

    6th Circ. Backs NLRB In Union Rep. Discipline Case

    A tape manufacturer's decision to punish two Michigan employees for not adequately cleaning their work areas was motivated by animus toward their actions as a union steward and a union committee member, the Sixth Circuit found, upholding a National Labor Relations Board ruling.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2024

    Tesla Illegally Imposed Tech Policy In Buffalo, NLRB GC Says

    National Labor Relations Board prosecutors accused Tesla of having an illegal policy to dissuade workers from unionizing at its Buffalo, New York, manufacturing plant, according to a copy of the complaint obtained by Law360 on Thursday, with agency prosecutors seeking a nationwide posting of workers' rights.

  • May 09, 2024

    NLRB Official Allows Union Vote For Joint Medical Employers

    A medical group and a Pacific Northwest healthcare system are joint employers, a National Labor Relations Board regional director concluded, greenlighting an election among medical providers to vote on representation by the Union of American Physicians and Dentists.

  • May 09, 2024

    Miami Ballet Can Unionize, NLRB Official Says

    Dancers in the Miami City Ballet can vote on representation by the American Guild of Musical Artists, a National Labor Relations Board official held, rejecting the ballet's claim that an existing labor contract forecloses the possibility of a union election.

  • May 09, 2024

    Labor Rights Murky As Gaza Protests Spill Into Work

    As protests over the Israel-Hamas war spill into the workplace, workers have accused their employers of suppressing their labor rights in a test of the National Labor Relations Act's nuanced protections for political advocacy.

  • May 09, 2024

    Amazon Must Provide Worker List In ALU Case

    A New York federal judge hearing a dispute over a leadership election at the Amazon Labor Union on Thursday ordered Amazon to turn over an employee mailing list to a neutral monitor, saying the information is necessary to notify members of the coming vote. 

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

    Author Photo

    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

    Author Photo

    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

    Author Photo

    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

    Author Photo

    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

    Author Photo

    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.