Labor

  • July 22, 2024

    SAG-AFTRA Beats Vax Mandate Suit In Calif. Federal Court

    A California federal judge has tossed a group of SAG-AFTRA members' claims that the union betrayed them by allowing studios to impose vaccine mandates after the pandemic, saying the workers' state-level claims are preempted by the Labor Management Relations Act and a federal-level claim is untimely.

  • July 22, 2024

    Labor Begins Move Toward Harris After Biden Withdraws

    The labor movement praised President Joe Biden's record in the wake of his announcement Sunday that he will not seek reelection, and began to shift support toward Vice President Kamala Harris as his replacement.

  • July 22, 2024

    NLRB Dings UFCW Over Ralphs Pact's Subcontracting Clause

    A provision dealing with subcontracting work in a contract between seven California United Food and Commercial Workers locals and a Kroger subsidiary violates federal labor law, the National Labor Relations Board determined, with two board members signaling an interest in reviewing the board's analysis for such clauses.

  • July 22, 2024

    Rising Star: Filippatos' Tanvir H. Rahman

    Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

    Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.

  • July 19, 2024

    Upstate NY Security Guards Can Unionize, NLRB Official Says

    A group of security guards at four upstate New York pharmaceutical facilities can vote on union representation, a National Labor Relations Board official said Friday, rejecting their employer's argument that some are union-ineligible supervisors and greenlighting an election for next month.

  • July 19, 2024

    Going 'Dark': Switching Sides In The Polarized Labor Field

    The practice of labor law is defined by its ideological divide, and few attorneys who start on one side of the labor-management split ever move to the other. Those who have say the move can invite scorn from their former side even as it provides professional satisfaction and a unique perspective on the practice.

  • July 19, 2024

    Restaurant Fired Server For Complaining, NLRB Judge Says

    A Minnesota restaurant violated the National Labor Relations Act when it put a former server and bartender on probation and then fired her for complaining about her shifts and wages being cut, a National Labor Relations Board judge found.

  • July 19, 2024

    NLRB Drops Challenge To Joint Employer Rule Vacatur

    The National Labor Relations Board dropped its appeal of a Texas federal judge's decision vacating its rule expanding its definition of joint employer under federal labor law, saying it wants to consider its approach to the policy in light of the court's decision.

  • July 19, 2024

    Calif. Forecast: $5M Nurses Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5 million deal to end a class action against a nurse staffing agency. Here's a look at that case and other labor and employment matters coming up in California.

  • July 19, 2024

    JLL Illegally Snubbed Union, NLRB Attys Tell DC Circ.

    The D.C. Circuit should uphold the National Labor Relations Board's ruling that property management company JLL illegally snubbed the union voted in by a group of California maintenance technicians, board attorneys said, urging the court to reject JLL's argument that the election was tainted.

  • July 19, 2024

    AFL-CIO Backs NLRB Ruling In Home Depot BLM Apron Case

    The AFL-CIO backed the National Labor Relations Board's effort to keep a ruling that Home Depot unlawfully forced a worker to remove a Black Lives Matter message from their apron, telling the Eighth Circuit the decision doesn't affect the chain's freedom of speech.

  • July 19, 2024

    Rising Star: Jackson Lewis' Douglas J. Klein

    Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    NY Forecast: NLRB Injunction Bid Against Starbucks Resumes

    A status conference is scheduled this week in the National Labor Relations Board's recently revived suit seeking an injunction barring Starbucks from violating federal labor law at stores across the country.

  • July 18, 2024

    Teamsters' O'Brien Draws Heat As Labor Readies For Election

    Teamsters President Sean O'Brien's speech at the 2024 Republican National Convention has sparked controversy within the union and broader labor movement as organized labor kicks into gear for a prominent role in the upcoming presidential election.

  • July 18, 2024

    SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure

    The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.

  • July 18, 2024

    6th Circ. Is No Help To CSX Worker Fired For Train Death Post

    The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.  

  • July 18, 2024

    Barnes & Noble Settles Union's Labor Law Violation Claims

    Barnes & Noble College Booksellers LLC and the Retail, Wholesale and Department Store Union have resolved unfair labor practice claims at a New Jersey store, according to a copy of the settlement obtained by Law360, with the company agreeing to training for management on federal labor law.

  • July 18, 2024

    NLRB Judge Finds Union Threatened Workers Who File ULPs

    An International Longshoremen's Association local violated federal labor law by threatening workers who take part in National Labor Relations Board proceedings, an agency judge determined, saying the union's president unlawfully stated that people who file unfair labor practice claims "would be dealt with."

  • July 18, 2024

    Feds Say UAW Shouldn't Be Able To Keep Info From Monitor

    Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    MTA Sued For Bus Service Cuts After Congestion Plan Nixed

    New York City's Public Advocate hit the Metropolitan Transportation Authority with a proposed state court class action Wednesday aimed at reversing bus service cuts implemented after Gov. Kathy Hochul abruptly canceled plans for congestion pricing, slashing billions in anticipated revenue for the MTA.

  • July 17, 2024

    Producer Petitions 2nd Circ. To Revive Blacklisting Suit

    A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.

  • July 17, 2024

    NLRB Won't Revive Union Petition For MIT Graduate Fellows

    A National Labor Relations Board official properly tossed a union's petition to represent Massachusetts Institute of Technology's graduate fellows, correctly finding that the fellows can't unionize because they don't perform work for the university in exchange for compensation, the NLRB ruled Wednesday.

  • July 17, 2024

    NLRB Says Hearing Needed In Strip Club Settlement Dispute

    A unionized California strip club may defend against a claim that it breached a settlement agreement by reopening with changed operations after the National Labor Relations Board on Wednesday denied prosecutors' bid for a default judgment.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

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