Labor

  • December 02, 2024

    NLRB Fights Amazon's Bid To Stop Case Alleging Union Snub

    A California federal judge should let National Labor Relations Board prosecutors keep pursuing an administrative case that accuses Amazon of illegally snubbing a drivers union, the prosecutors argued, urging the court to reject Amazon's attempt to block the case on constitutional grounds.

  • December 02, 2024

    Ohio Hospital Had Illegal Resident Rules, NLRB Judge Says

    A Cleveland hospital violated federal labor law by maintaining policies that prevented residents from providing information to the news media and joining an organization that might strike, a National Labor Relations Board judge ruled Monday, saying the rules could deter workers from exercising their rights.

  • December 02, 2024

    Yellow Fights Teamsters' Call For 10th Circ. To Nix Claims

    The Tenth Circuit should not pay mind to arguments from the Teamsters about upholding a lower court's dismissal of Yellow Corp.'s $137 million suit against the union, the company is arguing, doubling down on its claims that it was not required to exhaust the grievance process under a contract.

  • December 02, 2024

    NLRB Says USPS Unlawfully Threatened Pa. Letter Carrier

    The U.S. Postal Service violated federal labor law by threatening to have a union-represented employee arrested for invoking his contractually protected right to stop working after he reached 60 hours for the week, the National Labor Relations Board ruled, upholding an agency judge's decision.

  • December 02, 2024

    1-Pin Policy At Starbucks NYC Roastery Is Illegal, NLRB Says

    A policy barring workers at the Starbucks New York City Roastery from wearing more than one union pin violates federal labor law, the National Labor Relations Board said, finding a Second Circuit ruling about the company's one-button standard doesn't prevent board prosecutors from bringing the present challenge.

  • November 27, 2024

    Fired Construction Worker Accuses Co., Union Of Race Bias

    A union-represented construction worker who was fired for hitting a co-worker said in a discrimination lawsuit filed in Michigan federal court that he acted in self-defense, and that the company fired him but not the co-worker who initially struck him because he is Black and his co-worker is white.

  • November 27, 2024

    NLRB Judge Says Health System Must Bargain About Bonus

    A Washington state health system violated federal labor law through its unilateral actions with regard to an annual bonus, a National Labor Relations Board judge ruled, finding the nonprofit's payment isn't a gift that excuses it from negotiating with a Service Employees International Union affiliate.

  • November 27, 2024

    Procedure May Tie Up Reversals Of Biden NLRB Precedents

    Time could be running out for the Democratic majority of the National Labor Relations Board and its ability to change precedents, but experts say the procedural realities of the board's process could extend the shelf lives of some decisions issued in its closing days.

  • November 27, 2024

    Tech Issues Don't Excuse Starbucks' Late Filing, NLRB Says

    The National Labor Relations Board properly turned away Starbucks' challenge to an agency judge's order that was filed 23 minutes late, the board told the D.C. Circuit, saying the company can't get away with missing the deadline by citing a technical issue with the document.

  • November 27, 2024

    3 Argument Sessions Benefits Attys Should Watch In Dec.

    The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.

  • 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.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

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