Labor

  • November 27, 2024

    DOL W&H Recap: Secretary Shake-Up Imminent

    President-elect Donald Trump put forward his pick to run the U.S. Department of Labor, and meanwhile the Wage & Hour Division announced partnerships with states to boost child labor enforcement and issued promising data on workers' rights. Here, Law360 looks at recent wage and hour developments involving the DOL.

  • November 26, 2024

    CMS Cancels Call Center Solicitation With Disputed Labor Clause

    The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus over a contentious labor harmony agreement in the solicitation.

  • November 26, 2024

    NY Groups, Truckers Say Congestion Pricing Unconstitutional

    A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.

  • November 26, 2024

    UAW Local Should Rerun Officer Vote In Mich., DOL Says

    A United Auto Workers local in Warren, Michigan, should scrap the results of its May officers' election and hold a new one, the U.S. Department of Labor told a federal court Tuesday, saying the election committee mishandled its recordkeeping and oversight of absentee ballots.

  • November 26, 2024

    'Enormous Is Not Everything': UAW Pressed On Doc Turnover

    A Michigan federal judge pressed a United Auto Workers attorney Tuesday about whether the union was being evasive in describing how much material it had turned over to fulfill the request of a monitor appointed to oversee the union as part of his investigation into some of the union's top officials.

  • November 26, 2024

    NLRB Prosecutors' Jobs Shuffled Ahead Of Trump Arrival

    The National Labor Relations Board shuffled the positions Tuesday of two top personnel in the Office of the General Counsel in an apparent effort to save one career employee's job ahead of an expected leadership change.

  • November 26, 2024

    NLRB GC Calls For Regions To Object To Inadequate Deals

    The National Labor Relations Board's top prosecutor issued guidance Tuesday to regional offices about unfair labor practice settlements following the NLRB's decision to stop accepting consent orders, telling board agents to oppose deals that inadequately address "public rights."

  • November 26, 2024

    Chicago Dispensary Asks NLRB To Ax 2021 Union Vote Result

    The National Labor Relations Board should nix a United Food & Commercial Workers local's 11-10 win in a 2021 representation election at a Chicago cannabis dispensary due to an issue with the vote, the dispensary said, adding NLRB and D.C. Circuit precedent supports its stance.

  • November 26, 2024

    Miss. Judge Stays DOL's H-2A Protections Nationwide

    A Mississippi federal judge issued a nationwide stay of amendments to a U.S. Department of Labor rule providing protections for H-2A migrant farmworkers who take part in organizing, finding federal immigration law doesn't give DOL the authority to give these workers the right to act collectively.

  • November 26, 2024

    Split 5th Circ. Backs NLRB's Finding On Worker's Firing

    A company that supplies staff to a food distributor violated federal labor law by firing a worker who went directly to the distributor with her wage concerns, a split Fifth Circuit found, upholding a National Labor Relations Board finding.

  • November 25, 2024

    Advocates Cautious Of Teamsters-Backed Trump DOL Pick

    Labor advocates are approaching with caution President-elect Donald Trump's choice of an Oregon lawmaker who cosponsored a union-backed labor law rewrite to lead the U.S. Department of Labor, saying the pick could show unions have sway with the incoming administration but awaiting proof that the relationship will hold.

  • November 25, 2024

    Fed. Workers Union's New GC Vows To Fight Trump Attacks

    The largest union for federal employees named a new general counsel Monday, positioning him as well-poised to fight off any attacks to government jobs that may come from an incoming presidential administration that has pledged to "dismantle government bureaucracy."

  • November 25, 2024

    Boston University Calls For Toss Of Fired Worker's Suit

    Boston University urged a federal court Monday to dismiss a former employee's allegations about a sexual harassment complaint investigation against him, arguing that the toss of a duty of fair representation claim against a Service Employees International Union affiliate spells the end of the suit.

  • November 25, 2024

    Farm Orgs. Win Block Of DOL H-2A Protections

    A Kentucky federal judge granted several farmers and farm associations' bid to block the U.S. Department of Labor's new protections for foreign H-2A farmworkers, saying Monday the agency's extension of labor organizing rights to these workers amounts to a "blatant arrogation of authority."

  • November 25, 2024

    Pomona College Gets NLRB Official's OK For Union Vote

    About 55 student workers at three Pomona College cafes can vote on joining the UNITE HERE-represented bargaining unit that includes the school's full-time food service staff, a National Labor Relations Board official ruled, rejecting the school's argument that student workers don't belong in the unit.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    NLRB Attys Renew Fight To Get Pa. Newspaper To Bargain

    National Labor Relations Board prosecutors have updated their bid to compel the Pittsburgh Post-Gazette to bargain with its striking workers' unions and cover the workers' healthcare costs, telling a Pennsylvania federal judge that the record in this case and others against the newspaper support their request for an injunction.

  • November 25, 2024

    Google, Accenture Jointly Employ Workers, Split NLRB Says

    Google and its contractor Accenture are joint employers of workers on a content creation team who voted to unionize last year, a divided National Labor Relations Board panel concluded, finding Google has "substantial direct and immediate control" over hours and other employment terms.

  • November 22, 2024

    Trump Picks Teamsters-Backed Ore. Rep. For Labor Secretary

    President-elect Donald Trump announced Friday evening that he plans to nominate Republican Rep. Lori Chavez-DeRemer of Oregon to lead the U.S. Department of Labor.

  • November 22, 2024

    JLL's Union Election Contest Meets Doubtful DC Circ.

    A building management services company's challenge to the certification of an International Union of Operating Engineers local got a frosty reception from a D.C. Circuit panel Friday, with one judge remarking that he had "no idea" what the company was talking about.

  • November 22, 2024

    Thinned NLRB Ranks Struggling With Surging Caseloads

    Workers in the National Labor Relations Board's hollowed-out field offices are drowning amid a surge in cases, extending case timelines exponentially and impeding the agency's mission to protect labor rights, according to agency data and interviews with NLRB employees and users.

  • November 22, 2024

    Calif. Funeral Business Employees Get OK For Union Vote

    Nearly two dozen workers at a California funeral business can vote on union representation early next month, including the crematory manager, who a National Labor Relations Board official found was union-eligible over the business' objections.

  • November 22, 2024

    NLRB Tells Judge To Rule On Ballots In Pot Co. Union Election

    The National Labor Relations Board paused a rerun election and kicked a case over alleged campaign meddling back to a judge to decide whether six pot shop workers could vote in a 2023 election, agreeing that it would moot the need for another vote if resolving the challenges reveals a union win.

  • November 22, 2024

    Care Co. Urges 11th Circ. To Reverse Rehire Order

    A Florida long-term care facility urged the Eleventh Circuit to overturn an arbitration award that required the company to rehire a nursing assistant it accused of discriminatory behavior, saying the arbitrator exceeded his authority in making that determination.

  • November 22, 2024

    LGBTQ+ Health Biz To Pay Laid-Off Workers $1M In NLRB Deal

    A Chicagoland network of healthcare centers serving the LGBTQ+ community has agreed to distribute $1 million in back pay among 55 laid-off employees and offer them reinstatement, according to a settlement with the National Labor Relations Board's Chicago office announced Friday.

Expert Analysis

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

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