Labor

  • December 12, 2024

    NLRB's Bargaining Waiver Shift May Be Short-Lived

    The National Labor Relations Board overturned a Trump-era standard making it easier for employers to defend making changes to working conditions without bargaining with their workers' union, but experts said the impact of the long-awaited move could be minimal with a Republican board looming.

  • December 12, 2024

    NLRB Affirms Result Of Charlotte Airport Workers' Union Vote

    A National Labor Relations Board official properly oversaw a union representation election for a group of cargo handlers at Charlotte Douglas International Airport, the NLRB ruled, holding that the workers are subject to the National Labor Relations Act rather than the Railway Labor Act.

  • December 12, 2024

    'Love Is Blind' Cast Members Are Employees, NLRB GC Says

    Cast members of the Netflix reality series "Love Is Blind" are employees under federal labor law, the NLRB's Minneapolis office alleged in a complaint obtained by Law360, claiming the producers have unlawful provisions in agreements demanding thousands of dollars if participants quit the reality show or breach the pacts.

  • December 12, 2024

    Political Consultant Beats Union President's Defamation Suit

    A Washington federal judge has tossed a United Food and Commercial Workers official's suit against a political consultant, holding that she did not prove the consultant defamed her by distributing a flyer accusing her of corruption ahead of a potential merger of union locals.

  • December 11, 2024

    Grocery Store Rulings Back Enforcers' Merger Approach

    Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.

  • December 11, 2024

    SEIU Asks Court To Make Ohio Nursing Home Rehire Worker

    A Service Employees International Union affiliate asked an Ohio federal judge to enforce an arbitration award requiring a Toledo, Ohio, healthcare facility to rehire a fired worker with back pay, saying the window to challenge the award has closed and the facility now must comply.

  • December 11, 2024

    NLRB Says Pharmacy Illegally Fired Worker For Wage Chats

    A pharmacy in South Dakota violated federal labor law by firing a technician who chatted about wages with colleagues, the National Labor Relations Board determined Wednesday, ordering the company to reinstate the worker and compensate her with back pay.

  • December 11, 2024

    Quick Party Shift Coming To NLRB As McFerran Vote Fails

    President-elect Donald Trump appears poised to have an immediate opening to seat a Republican majority at the National Labor Relations Board after the U.S. Senate narrowly voted down a push to give outgoing Democratic Chairman Lauren McFerran another term Wednesday.

  • December 11, 2024

    SEIU Asks For Judge's Help Getting Fla. Hospitals To Arbitrate

    A Service Employees International Union affiliate is seeking a Florida federal judge's help in getting a dispute over legal fees with 17 Florida hospitals before an arbitrator, asking the judge to compel arbitration after a colleague decided last week that the fight should proceed outside of court.

  • December 11, 2024

    2nd Circ. Must Hold NYC Grocer In Contempt, NLRB Says

    A grocery store in Queens, New York, should be found in contempt of a Second Circuit decision requiring it to negotiate with a union, the National Labor Relations Board argued, saying the business has "sabotaged the bargaining process."

  • December 11, 2024

    NLRB Tells 5th Circ. To Uphold Trader Joe's Firing Ruling

    The National Labor Relations Board urged the Fifth Circuit to uphold an NLRB ruling finding Trader Joe's violated federal labor law by firing a worker who raised COVID-19 concerns, pushing back on the company's claim that the board overstepped its authority with the remedies it issued.

  • December 11, 2024

    Albertsons Sues Kroger In Chancery After Blocked Megadeal

    Grocery giant Albertsons, in a Wednesday lawsuit in the Delaware Court of Chancery, said Kroger did not put forth its "best efforts" into getting their planned $24.6 billion megamerger cleared while also announcing official plans to nix the deal, moves that came just one day after two judges blocked the proposed acquisition.

  • December 10, 2024

    ​​​​​​​Newark Airport Workers' Union Vote Was Valid, NLRB Says

    A National Labor Relations Board official properly oversaw a union representation election in which cargo handlers at Newark Liberty International Airport voted to affiliate with the Service Employees International Union, the board ruled Tuesday, rejecting an argument by the workers' employer that the NLRB lacked jurisdiction.

  • December 10, 2024

    NLRB Tees Up Boston Hotel's Union Certification Fight

    A Boston hotel illegally refused to bargain with a UNITE HERE local, the National Labor Relations Board found Tuesday, giving the hotel a pathway to challenge the union's certification in federal court and rejecting its constitutional claims against the agency.

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    Labor Judges' Removal Ruling 'Pyrrhic' Without Injunction

    A federal judge's ruling Tuesday in Washington, D.C., that a check on the president's power to fire National Labor Relations Boards' judges is unconstitutional may be a meager victory for the agency's legal detractors because it doesn't grant their real prize: a path to block the board from processing cases. 

  • December 10, 2024

    DOE Contractor Can't Stop Deducting Dues, NLRB Judge Says

    A contractor for a U.S. Department of Energy nuclear facility in New Mexico violated federal labor law by halting union dues deductions during negotiations, a National Labor Relations Board judge ruled, citing board precedent requiring employers to continue collecting workers' dues after a contract expires.

  • December 10, 2024

    6th Circ. Judges Doubt Engineers' Claims Avoid Labor Act

    Sixth Circuit judges on Tuesday sounded skeptical that a group of auto engineers' claims over a bribery scheme between the United Auto Workers union and Fiat Chrysler, which the engineers allege negatively affected their employment, wouldn't be based on their collective bargaining agreement and thus preempted by federal labor law.

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 10, 2024

    9th Circ. OKs Dues Language In Allegiant Union Contract

    Allegiant Air and a Transport Workers Union local can keep their victory over a challenge to the dues provision of their collective bargaining agreement, the Ninth Circuit ruled Tuesday, upholding a California federal judge's ruling that the provision's language is legal under the Railway Labor Act.

  • December 10, 2024

    $24.6B Kroger-Albertsons Merger Blocked By 2 Judges

    Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.

  • December 10, 2024

    Calif. Tribe Can't Vacate Card Check Award, Judge Says

    An arbitration award requiring UNITE HERE and a California tribe that owns a casino to follow a representation process with a card check procedure stands, a federal district court judge ruled, finding the arbitrator's decision was rational.

  • December 10, 2024

    NLRB Reworks Standard For Employers' Unilateral Changes

    The National Labor Relations Board made it more difficult Tuesday for employers to make changes to their employees' working conditions without approval from their union, replacing a Trump-era standard that strengthened management rights clauses in labor contracts.

  • December 10, 2024

    Ill. Steelmaker Fired Workers For Striking, NLRB Judge Says

    An Illinois steel manufacturer must reinstate six employees who were fired after they walked off the job to protest their work conditions, a National Labor Relations Board judge ruled, saying the firings violated the National Labor Relations Act.

  • December 10, 2024

    Conn. AG Invited To Weigh In On Nurses Union's OT Dispute

    A Connecticut federal judge has given the state's attorney general a chance to intervene in a nurses union's suit against a hospital over its practice of requiring nurses to work overtime, saying the constitutionality of a new state statute is at the heart of this dispute.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • 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.

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