Labor

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    Concrete Co. Illegally Toyed With Strikers, NLRB Judge Finds

    A New Jersey concrete manufacturer illegally told striking employees they could return to work only if they resigned from their Teamsters local, a National Labor Relations Board judge ruled, rejecting the company's argument that it shouldn't face a labor law violation because it rescinded the statement.

  • May 09, 2024

    NLRB Judge Finds 'Serious' ULPs At 2 Ohio Starbucks Stores

    Starbucks committed "serious and widespread unfair labor practices" at two stores in Cleveland where union organizing campaigns were underway, a National Labor Relations Board judge concluded, finding the coffee chain must read a notice to workers about their rights.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 08, 2024

    GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo

    A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.

  • May 08, 2024

    Employers Preparing For Post-Chevron World In NLRB Cases

    Employers contesting National Labor Relations Board decisions are preparing arguments in anticipation of looming U.S. Supreme Court rulings that could overhaul the deference administrative agencies receive from federal courts under a landmark doctrine known as Chevron deference, though experts say it's unclear how courts will handle the current uncertainty.

  • May 08, 2024

    Colo. Sheriff Fights State Law That Let His Deputies Unionize

    A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.

  • May 08, 2024

    Apple Illegally Retaliated Against Union Backer, CWA Says

    Apple violated federal labor law by denying a Communications Workers of America supporter's requests for leave at a New Jersey store, according to an unfair labor practice charge obtained by Law360 on Wednesday, ahead of a union representation election set to begin at the end of this week.

  • May 08, 2024

    Split NLRB Finds Starbucks Made Threat To Wis. Worker

    A Starbucks manager unlawfully threatened a worker while discussing a Workers United organizing campaign at a Wisconsin cafe, a divided National Labor Relations Board determined, with the board's lone Republican finding what the manager said didn't rise to the level of a threat or interrogation.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

  • May 08, 2024

    NLRB Says Amazon Was Wrongly Denied In-Person Hearing

    The National Labor Relations Board found an agency judge wrongly denied Amazon's request for an in-person hearing over an unfair labor practice complaint alleging the company illegally disciplined a worker, saying there weren't "compelling circumstances" to warrant a remote proceeding.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    DC Circ. Denies Hospital's Rehearing Bid Over 'Successor Bar'

    The D.C. Circuit rejected on Tuesday a Puerto Rico hospital's request for an en banc rehearing over the appeals court's decision to affirm the National Labor Relations Board's conclusions that the hospital illegally withdrew a union's recognition after becoming a successor employer. 

  • May 07, 2024

    Starbucks Wants NLRB Injunction Bid To Wait On High Court

    A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.

  • May 07, 2024

    NLRB Signals Appeal Of Joint Employer Rule Spat To 5th Circ.

    The National Labor Relations Board is fighting a Texas federal judge's decision striking down the board's 2023 joint employer rule, telling the court on Tuesday that the agency will appeal the ruling to the Fifth Circuit.

  • May 07, 2024

    Starbucks Can't End Investor Suit Over Union-Busting Stance

    A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Union Calls On High Court To Nix Hotel's NLRB Rehire Appeal

    The U.S. Supreme Court shouldn't overturn the Ninth Circuit's affirmation of a National Labor Relations Board decision ordering a hotel to rehire 100 union-represented workers, a UNITE HERE affiliate argued, because there isn't disagreement between circuit courts over the evidence required to show anti-union animus.

  • May 07, 2024

    Teamsters Say Workers' Honoring Of Picket Line Wasn't Strike

    Dump truck drivers for a Seattle-area construction company did not violate the no-strike provisions of a set of labor contracts by supporting a strike on a different company, the drivers' union told a Washington federal court, seeking dismissal of the breach-of-contract claim in the company's lawsuit against the union.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 06, 2024

    Apple Unlawfully Questioned Worker Over Union, NLRB Says

    The National Labor Relations Board on Monday upheld a judge's ruling that Apple violated federal labor law when a manager asked a worker about his views on a union drive and his discussions with co-workers.

  • May 06, 2024

    Amazon Union, Reformers Pursue Bids For Worker Info List

    The Amazon Labor Union and members of a reform caucus fought against Amazon's challenge in New York federal court to requests for workers' contact information ahead of an officers vote, with the union saying the e-commerce conglomerate isn't facing a burden.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    DOL Wants New Union Officer Vote For Midwestern Bakers

    An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.

  • May 06, 2024

    NLRB Official Tosses Starbucks Union Ouster Bid In Mich.

    A Starbucks worker in Michigan can't proceed with a bid to oust the Workers United union, a National Labor Relations Board regional director determined, finding that pending refusal-to-bargain claims block the petition from moving ahead for now.

Expert Analysis

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • 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.

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