Labor
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November 04, 2024
Grindr Return-To-Work Policy Was Retaliatory, NLRB Attys Say
Grindr retaliated against its unionizing employees by giving them two weeks to either commit to returning to the office or resign, the National Labor Relations Board's Los Angeles office said in a new complaint against the gay dating app operator, saying 83 people lost their jobs as a result.
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November 04, 2024
NLRB Won't Redo Back Pay Precedent In Steakhouse Case
The National Labor Relations Board has upheld a back pay order against a Manhattan steakhouse that fired 36 strikers a decade ago, but shot down board prosecutors' request to use the case to shift precedent on back pay calculations.
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November 04, 2024
Starbucks' Payroll Benefit Rollout Is Illegal, NLRB Judge Says
Starbucks violated federal labor law by excluding unionized stores from a new benefit in four states under which it paid workers at nonunion stores weekly instead of biweekly, a National Labor Relations Board judge ruled, finding the coffee chain couldn't excuse its actions by promising to bargain in good faith.
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November 04, 2024
Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices
Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.
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November 01, 2024
Boeing Tries Again To End Strike With New Contract Offer
Boeing is hoping the third time's the charm with its latest attempt to end a seven-week strike, asking workers to approve a contract that would raise wages 38% over four years after they rejected two skimpier offers.
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November 01, 2024
Apple Accused Of Suppressing Workers' Pay Gap Talks
National Labor Relations Board prosecutors in Oakland, California, have accused Apple of suppressing a worker-led probe of pay gaps between men and women at the company's headquarters and forcing out the programmer who led the initiative.
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November 01, 2024
Commuter Train Operator Must Obey Raise Order, Union Says
The company that runs Boston's commuter trains must give its Teamsters-affiliated workers a raise if it increased other union workers' wages, the union said in Massachusetts federal court, urging the judge to hold the company's feet to the fire by enforcing an arbitrator's order.
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November 01, 2024
Nonprofit Urges Miss. Judge To Uphold H-2A Worker Rule
A nonprofit supporting migrant workers' rights filed an amicus brief Friday urging a Mississippi federal court to deny the U.S. Chamber of Commerce's bid to stay a regulation allowing H-2A migrant farmworkers to organize, saying the rule falls well within the authority of the U.S. Department of Labor.
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November 01, 2024
Construction Groups Want Win In DBA Rule Challenge
Two construction groups told a Texas federal court Friday that the U.S. Department of Labor's final rule updating the Davis-Bacon Act unlawfully reinstates a defunct standard and expands the statute coverage, seeking a win in their suit challenging the rule.
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November 01, 2024
4 Appellate Arguments Benefits Attys Should Watch In Nov.
The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.
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November 01, 2024
Teamsters Sue Pepsico Over Chicago Warehouse Closing
A Teamsters local has sued Pepsico on behalf of nearly 80 members it claims were laid off without proper notice when the soft drink giant abruptly announced it was closing a warehouse on Chicago's South Side.
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November 01, 2024
Calif. Forecast: 9th Circ. To Hear Args In Hotel-Union Dispute
In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case involving UNITE HERE, the San Diego County Building and Construction Trades Council, and hotel development companies. Here's a look at that case and other labor and employment matters on deck in California.
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November 01, 2024
Trader Joe's Union Says NLRB Agent Rightly Axed Ouster Bid
A National Labor Relations Board official properly tossed a worker's bid to decertify the first union organized at Trader Joe's, the union told the board, saying the decertification petition was "tainted" and cannot proceed while the company stands accused of violating labor law.
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November 01, 2024
NY Forecast: 2nd Circ. Hears COVID Whistleblower Suit
This week, the Second Circuit will consider a former bank worker's attempt to revive her claim that she was transferred to a less prestigious position after she complained that the company's CEO attended a holiday party despite having COVID-19. Here, Law360 looks at this and another case on the docket in New York.
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October 31, 2024
NLRB Official Rejects Fabricator's Challenge To Union Vote
A National Labor Relations Board official has tossed a Washington fabrication company's objections to a union representation election, allowing the company's technicians and specialists to retain their representation by an International Association of Sheet Metal, Air, Rail, and Transportation Workers local.
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October 31, 2024
NFL, Broncos Say Player's THC Suit Belongs In Federal Court
The National Football League and the Denver Broncos are urging a Colorado federal court to keep in federal court a linebacker's suit alleging they discriminated against him by fining him for using medically prescribed synthetic THC, saying amending his complaint to remove references to his contract is not enough to warrant removal.
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October 31, 2024
Referral Biz Worker Challenges NLRB Constitutionality
A worker who unsuccessfully sought to oust a union from a social services referral company has challenged the National Labor Relations Board's constitutionality in Texas federal court, saying the board's members are unlawfully shielded from presidential removal.
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October 31, 2024
6th Circ. Split Over NLRB Remedy In Starbucks Firing Case
The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
NLRB Judge Says W.Va. Co. Axed Boss-Confronting Workers
A West Virginia construction company violated federal labor law by laying off an electrician who complained about his paycheck and another who confronted a superintendent who came to work with COVID-19, a National Labor Relations Board judge ruled, ordering the company to reinstate the electricians.
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October 30, 2024
Google Workers Want Antitrust 'Gag Order' Lifted
A union for Google workers is demanding the company rescind a directive ordering employees not to discuss the government's search monopolization case against the tech giant or the remedies that could be imposed after the court found Google violated antitrust law.
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October 30, 2024
Union Says NLRB Should Have Ordered Access At Casino
The National Labor Relations Board should have ordered a Las Vegas casino to allow a hospitality workers union to have access to the casino's workers to remedy labor law violations, the union told the D.C. Circuit on Wednesday, calling the access necessary to repair relationships that the company's actions undermined.
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October 30, 2024
Think Tank, Biz Group Fight Illinois' 'Captive Audience' Ban
A libertarian think tank and a business group are challenging Illinois' forthcoming ban on so-called captive audience meetings, asking a federal judge Wednesday to block the Worker Freedom of Speech Act from going into effect Jan. 1.
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October 30, 2024
Mass. Initiative Could Set Up Novel Gig Driver Union Scheme
The long-running fight over how to treat ride-hailing drivers in Massachusetts may soon see another twist as Bay State voters mull a ballot initiative that would extend a form of union rights to these gig economy workers.
Expert Analysis
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Don't Ignore NLRA When Using Employee Resource Groups
Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.
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My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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How The NLRA May Slow Down The FAST Act
California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.
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Cos. Must Consider Union Vs. Nonunion Employee Treatment
The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.
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How NLRB Status Quo Rule Change Affects Employers
In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.
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Company Considerations For Cash Award Incentives: Part 2
Excerpt from Practical Guidance
Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.
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Why Minor League Labor Negotiations Will Be Complicated
Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.
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Alternatives For Employers Considering Workforce Reduction
Excerpt from Practical Guidance
Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.
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How Weingarten Rights May Operate In A Nonunion Workplace
A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.
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Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling
The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.
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NLRB Reversal On Union Apparel Is A Warning For Employers
The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.
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Proposed NLRB Rule Would Vastly Expand Joint Employment
The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.
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Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law
California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.