Labor

  • October 02, 2024

    Cannabis Co. Worker Seeks To Decertify Union In NJ

    A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.

  • October 02, 2024

    Texas NLRB Constitutional Case Transferred, Kept By Judge

    A case by a medical center challenging the constitutionality of the National Labor Relations Board will be transferred from one Texas federal court division to another, but the judge, who previously granted an injunction against board proceedings, will retain the case on his docket.

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Auto Parts Co. Tells 6th Circ. NLRB Judge Is 'Unaccountable'

    An auto parts manufacturer urged the Sixth Circuit to halt National Labor Relations Board proceedings against the company before an "unaccountable" agency judge, arguing the employer would face harm because the administrative judge is unconstitutionally shielded from removal by the president.

  • October 02, 2024

    ExxonMobil Unit Cleared In Union Labor Dispute

    An ExxonMobil unit did not assign union-represented employees' work to nonunion interns at a Louisiana refinery and chemical plant, a National Labor Relations Board judge ruled, saying the case record lacks proof that the interns assumed the tasks of the plant's United Steelworkers-represented workers.

  • October 01, 2024

    What To Watch As East Coast Ports Strike Roils Supply Chain

    The first major strike in 47 years of thousands of dockworkers on the East and Gulf coasts has left importers and exporters bracing for unpredictable and costly disruptions alongside economic upheaval not felt since the thick of the COVID-19 pandemic, experts say.

  • October 01, 2024

    Amazon Jointly Employs Drivers In Calif., NLRB Attys Say

    Amazon is a joint employer of its contractor's drivers, according to a copy of a consolidated complaint from National Labor Relations Board attorneys obtained by Law360 on Tuesday, alleging the e-commerce giant is on the hook for multiple unfair labor practices.

  • October 01, 2024

    Contractor OK To Snub Organizer, Wrong To Ax Union Member

    A Tennessee mechanical contractor violated federal labor law when it fired an employee after he joined a union, but not when it refused to hire a pipefitter who did union organizing work, a National Labor Relations Board judge has ruled.

  • October 01, 2024

    Starbucks Investor Suit Seems 'Premature,' Court Official Says

    A Washington appellate commissioner gave Starbucks another chance to end a shareholder suit accusing the company's leadership of turning a blind eye to union-busting by managers, saying the lawsuit appears "premature" since it mostly relies on unfair labor practice complaints that are still pending.

  • October 01, 2024

    NLRB Passes On Misclassification, Instatement Issues

    The National Labor Relations Board stood pat on precedent in upholding a ruling that a sprinkler installer illegally fired two union backers, declining to treat independent contractor misclassification as a labor violation or issue a novel remedy making the company replace the workers with qualified hires of a union's choosing.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    Starbucks Threatened To Ax Free Tuition, NLRB Judge Says

    Starbucks told workers in Bellingham, Washington, they would lose access to tuition-free online classes at Arizona State University and potentially higher wages if they unionized, a National Labor Relations Board judge ruled, ordering the company to stop threatening to rescind employees' benefits if they organize.

  • October 01, 2024

    NLRB Attys Press For Dartmouth Basketball Bargaining Order

    The National Labor Relations Board should order Dartmouth College to bargain with its unionized men's basketball team, board prosecutors told the NLRB, arguing that the college's refusal to do so broke federal law.

  • October 01, 2024

    Brooklyn Hotel Bucked Order By Ousting Union, NLRB Says

    A hotel operator in Brooklyn, New York, violated federal labor law and an NLRB order by withdrawing recognition of its employees' union less than a year after a determination that it bargained in bad faith, the board ruled, ordering the company to resume working with the union.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • September 30, 2024

    Calif. Becomes Latest To Ban 'Captive Audience' Meetings

    California has become the 10th state to ban so-called captive audience meetings, with Gov. Gavin Newsom signing a union-backed bill that bars employers from making workers attend meetings on religious or political matters, such as forming a union.

  • September 30, 2024

    UNITE HERE Calls For Contempt Order Against Calif. Tribe

    A Native American tribe in California hasn't followed a district court's order compelling arbitration about a representation process with a card check procedure at a casino, UNITE HERE argued, seeking an order to hold the tribe in contempt.

  • September 30, 2024

    NLRB Defends Constitutionality Against NJ Nursing Home

    A nursing home doesn't deserve an injunction blocking the National Labor Relations Board from prosecuting its alleged failure to bargain with a union, the board told a New Jersey federal court, saying the home's challenge to its constitutionality doesn't hold water.

  • September 30, 2024

    NLRB Declines To Reverse Religious School Precedent

    The National Labor Relations Board declined on Monday board prosecutors' request to revisit a Trump-era rule for determining when the board can decide cases involving religious schools, upholding an agency judge's decision dismissing unfair labor practice allegations against a Florida Catholic university.

  • September 30, 2024

    FTC Withdraws From Feds' Merger Review Labor Pact

    The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.

  • September 30, 2024

    AFL-CIO Backs NLRB In 6th Circ. Constitutionality Review

    The United Auto Workers urged the Sixth Circuit not to block a National Labor Relations Board administrative suit accusing a car parts maker of firing a worker to stifle a union drive, saying the proceeding, which the company claims is unconstitutional, hasn't actually harmed it.

  • September 27, 2024

    Ex-NFL Linebacker Wants THC Suit Back In Colorado Court

    A former Denver Broncos player who sued the NFL for discrimination after he was fined more than $532,000 for using medically prescribed synthetic THC is urging a Colorado federal judge return the case to state court.

  • September 27, 2024

    Teamsters Get Boost From Amazon Joint Employer Findings

    Two recent determinations from National Labor Relations Board officials that Amazon jointly employs delivery drivers who work for contractors could bolster the Teamsters' efforts to unionize the workers, experts said, as the union continues its efforts to organize the e-commerce giant. 

  • September 27, 2024

    NLRB Says Co. Illegally Refused To Hire Unionized Workers

    A New Jersey janitorial services company illegally refused to hire union-represented workers from its predecessor, a divided National Labor Relations Board panel ruled Friday, drawing a dissent from the board's lone Republican member, who claimed agency prosecutors "litigated this case against the wrong party."

  • September 27, 2024

    Amazon Urges 5th Circ. To Intervene In NLRB Union Row

    Amazon asked the Fifth Circuit on Friday to block a National Labor Relations Board failure-to-bargain case from unfolding in New York, over the board's continued insistence that the company abused the justice system when it dragged a Texas federal judge into a Staten Island-based fight.

Expert Analysis

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.