Labor

  • June 17, 2024

    NLRB Clears Ariz. Solar Co. Of Improper Firing Claim

    An Arizona solar company has beaten back a worker's accusation that he was unlawfully fired for discussing wages with co-workers, with the National Labor Relations Board ruling that the worker actually resigned after he was denied a raise.

  • June 17, 2024

    Starbucks Cleared Over Firing Chicago-Area Lead Organizer

    Starbucks lawfully fired a union supporter who made a negative remark about a customer, a National Labor Relations Board judge concluded while also finding the company did violate federal labor law by telling the worker that they weren't thinking about their family when backing the union.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Starbucks Illegally Fired Ga. Worker, NLRB Judge Says

    Starbucks violated federal labor law when it fired a worker for leading a protest at a recently unionized Augusta, Georgia, cafe, a National Labor Relations Board judge ruled Friday, adding Starbucks also flouted labor law by demanding the worker show the company his communications with Workers United.

  • June 14, 2024

    Labor Says NLRB Should Ditch Joint Employer Rulemaking

    The AFL-CIO and Service Employees International Union have urged the National Labor Relations Board to walk back its 2020 joint employer rule and return to deciding when two linked entities jointly employ the same workers through case adjudication rather than formal rulemaking.

  • June 14, 2024

    Teamsters Local Wants 26-Year-Old Consent Order To End

    A New York City-based Teamsters local asked the Second Circuit to unwind a 1998 consent order instructing the union to stop unlawful strike activity, saying the order is unnecessary after more than a quarter-century of "spotless compliance" by the union.

  • June 14, 2024

    Starbucks Bypassed Union Over Cut Hours, NLRB Judge Says

    Starbucks unlawfully slashed scheduled work hours for shift supervisors at a Pennsylvania store without giving a Teamsters local the chance to bargain, a National Labor Relations Board judge ruled, saying the company didn't show that it had a past practice of cutting these hours.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    NLRB Rejects Columbia's Challenge To Union Composition

    Columbia University's student worker union includes those who logged fewer than 15 hours per week, the National Labor Relations Board ruled Friday, rejecting the university's argument that the United Auto Workers local should exclude them.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 13, 2024

    Co.'s Noncompete Is 'Ridiculously Broad,' NLRB Judge Says

    A heating and air conditioning installation company in Indiana violated federal labor law by making workers sign an employment agreement with a noncompete, a National Labor Relations Board judge ruled Thursday, calling the provision "ridiculously broad in scope."

  • June 13, 2024

    3 Takeaways As Justices Standardize 10(j) Injunction Test

    The U.S. Supreme Court made it tougher Thursday for the National Labor Relations Board to win temporary injunctions to stop unfair labor practices, rebuking the notion that judges should go easier on the agency than they do other injunction seekers. Here, Law360 looks at three takeaways from this term's biggest labor decision.

  • June 13, 2024

    Bill Banning College Athletes As Workers Gets Committee Nod

    A U.S. House of Representatives panel on Thursday moved new legislation that would prohibit classifying student-athletes as employees of any institution, conference or association to the floor for a vote, as the bill's sponsor pushed back at what he described as the influence of big labor.

  • June 13, 2024

    NLRB Official Approves Union Vote At St. Louis Nonprofit

    Workers at a nonprofit human services agency in St. Louis can vote on representation by a Communications Workers of America local, a National Labor Relations Board official has ruled, siding with the local on what the bargaining unit will look like if the union wins the election.

  • June 13, 2024

    NLRB Says NY Administrative Law Judge Office Will Close

    The National Labor Relations Board said Thursday that the agency will close its New York City office of administrative law judges in July and transfer pending cases to Washington, D.C. 

  • June 13, 2024

    2 Firms Seek Lead Roles In Suit Over Shuttered Philly College

    Attorneys from Philadelphia-area law firms Edelson Lechtzin LLP and Willig Williams & Davidson have asked for appointment as interim co-lead counsel for a potential class of former University of the Arts employees who say the school's sudden closure violated federal statutes.

  • June 13, 2024

    NLRB Pauses Guard Vote Over Union Intervention Bid

    The National Labor Relations Board has granted a Service Employees International Union local's request to stay a representation election at a New York security company, indicating its willingness to consider whether the local was improperly excluded from the running and whether case law from 1984 should stand.

  • June 13, 2024

    NLRB Judge Dings Starbucks' Rule On Being Respectful

    Starbucks illegally maintained a policy telling workers to communicate in a professional and respectful way, a National Labor Relations Board judge ruled, finding the coffee chain hadn't shown how the rule furthered its business interests.

  • June 13, 2024

    Supreme Court Tightens NLRB Injunction Test

    The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.

  • June 12, 2024

    NLRB Chair Attacked At House Hearing As Nom Fight Looms

    Republican members on a U.S. House of Representatives labor subcommittee teed off on the National Labor Relations Board's direction under Democratic Chairman Lauren McFerran at a hearing Wednesday as their counterparts in the U.S. Senate consider her recent nomination for a third term.

  • June 12, 2024

    5th Circ. Won't Halt SpaceX Appeal In Case Challenging NLRB

    The Fifth Circuit said Wednesday that it will continue weighing whether a Texas federal judge must pause an administrative suit against SpaceX from proceeding before the National Labor Relations Board, amid the company's constitutional challenge to the agency's structure.

  • June 12, 2024

    SEIU Unit On Hook For $6M In HCA Healthcare Strike Dispute

    An arbitrator has found a Service Employees International Union affiliate liable for more than $6 million in damages for replacement worker costs from a strike, a California hospital said Wednesday, while a union representative told Law360 that the decision is "outrageous and unprecedented."

  • June 12, 2024

    Home Depot Asks To Settle Claim It Shushed Worker On Probe

    Home Depot reached a proposed settlement to an allegation that it violated federal labor law by telling a Minneapolis worker to keep quiet about the company's investigation into his claims of racist treatment by a coworker, according to paperwork presented to a National Labor Relations Board judge.

  • June 12, 2024

    Massachusetts Pot Shop To Take Union Fight To 1st Circ.

    A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.

  • June 12, 2024

    Union Ignored Dues Authorization Revocations, NLRB Says

    A security guards union violated federal labor law by continuing to collect dues from certain guards at the Federal Communications Commission building in Washington, D.C., after they revoked the union's authorization to do so, the National Labor Relations Board ruled.

Expert Analysis

  • 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

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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.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

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