Labor

  • 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.

  • May 06, 2024

    Electric Co. Dodged Union On Info Request, NLRB Says

    A Nebraska electrical contractor improperly withheld wage information from an International Brotherhood of Electrical Workers local, the National Labor Relations Board ruled, with one member writing that he would be open to a remedy requiring that employers let NLRB agents train workers on their labor rights.

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Biden Vetoes Joint Employer Rule Disapproval

    President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure. 

  • May 03, 2024

    Social Media Policy Lawful Under Old Test, NLRB Judge Says

    A National Labor Relations Board judge said a home remodeler's social media policy violated federal labor law under the board's revised standards, but nonetheless tossed a worker's challenge to the policy because it's unfair to apply the new standard retroactively.

  • May 03, 2024

    Walkout Played Role In NYC Server's Firing, NLRB Judge Says

    A New York City waiter's participation in a staff walkout partially motivated his managers' decision to fire him about three months later, a National Labor Relations Board judge has ruled, deeming the firing illegal and ordering the restaurant to rehire him with back pay.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    Waste Co.'s Raise Memo Tainted Union Vote, Split NLRB Says

    A split National Labor Relations Board has upheld an agency judge's decision to greenlight a redo of a union representation election at a New Jersey waste management company, finding the company tainted the first election by creating the impression that the union's presence was interfering with an upcoming raise.

  • May 02, 2024

    Union Abandoned Suspended Members, Musicians Say

    Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.

  • May 02, 2024

    5th Circ. Pauses NLRB Suit Against SpaceX Amid New Appeal

    A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.

Expert Analysis

  • 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

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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.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

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