Labor

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Starbucks Can't Justify Union Shirt Crackdown, Judge Says

    Starbucks violated federal labor law by sending baristas home for wearing union T-shirts at a Brooklyn cafe, a National Labor Relations Board judge ruled, saying the company can't point to a dress code rule to excuse this behavior because it wasn't otherwise enforcing the rule in the region.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Feds Sue To Recover $5.3M Stolen From Union In Email Scam

    Boston federal prosecutors said Wednesday they are helping a union recover about $5.3 million stolen through a complex business email compromise scheme.

  • June 05, 2024

    NLRB Official Preserves Union At Seattle Ship Repair Co.

    A group of machinist craft employees at a Seattle ship repair facility can't break away from their union and affiliate with a Carpenters local, a National Labor Relations Board official ruled, saying the multi-craft bargaining unit that has represented the facility's employees since the 1970s should remain in place.

  • June 05, 2024

    Mercedes Illegally Drug Tested UAW Backers, Union Says

    The United Auto Workers accused Mercedes-Benz of committing federal labor law violations, including unlawfully drug testing union supporters, at an Alabama plant where the union recently lost a representation election, according to an unfair labor practice charge obtained by Law360 on Wednesday.

  • June 05, 2024

    Public Input On EEOC/NLRB Memo A Must, US Rep. Says

    A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said. 

  • June 04, 2024

    NLRB Judge OKs Hospital's Bonuses For Newly Hired Nurses

    A New York hospital violated federal labor law when it withheld information that its nurses' union requested about recruitment bonuses, but not when it offered those bonuses to a few new hires without discussing it with the union, a National Labor Relations Board judge ruled Tuesday.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    Amazon Union Moves To Fold Into Teamsters Amid Struggles

    The Amazon Labor Union, an independent union representing workers at a warehouse in Staten Island, New York, has taken steps to affiliate with the Teamsters ahead of an election to seat new officers.

  • June 04, 2024

    UC System Plans To Sue Grad Workers' Union Over Strike

    The University of California system is planning to sue its graduate student workers' union over a Gaza-related strike that has spread to five campuses, saying state court is the next step now that a state labor-management relations agency has declined to halt the work stoppage.

  • June 04, 2024

    Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say

    A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."

  • June 04, 2024

    Ogletree Opens 7th California Office In Fresno

    Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.

  • June 04, 2024

    Former Security Co. Worker Sued Union Too Late, Judge Says

    A discharged employee of a Texas security guard firm missed the deadline to sue his union for failing to fight hard enough for his reinstatement, an Arizona federal judge ruled, tossing the suit but giving him another shot to prove he sued on time.

  • June 03, 2024

    5th Circ. Mulls Acts Vs. Belief In Anti-Abortion Worker's Firing

    The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.

  • June 03, 2024

    Workers At Wash. Mushroom Producer OK'd For Union Vote

    A National Labor Relations Board official cleared all full-time and regular part-time employees of an Olympia, Washington, mushroom producer's three facilities to vote on representation by a Laborers local, rejecting the company's challenge to the unit size Monday.

  • June 03, 2024

    5th Circ. Ruling Won't Sink NLRB Remedies Expansion

    The Fifth Circuit's rebuke of the National Labor Relations Board in an appeal involving software company Thryv Inc. will not affect the board's use of the new remedies it announced in the case, experts said, though it could signal trouble if a future challenge to the remedies comes to the appeals court.

  • June 03, 2024

    2nd Circ. Order Can't Stop Other Subpoenas, Starbucks Says

    A recent Second Circuit order concerning a discovery order for Starbucks and Workers United doesn't apply to a subpoena dispute with the union before an Illinois federal judge, Starbucks argued, saying the appeals court's opinion dealt with "very different subpoena instructions and requests."

  • June 03, 2024

    4 Mass. Rulings You Might Have Missed In May

    Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.

  • June 03, 2024

    Minn. Biz Groups Fight Ban On Required Anti-Union Meetings

    A Minnesota company and two business groups are challenging the state's nearly year-old ban on so-called captive audience meetings, saying Minnesota can't exempt workers from sitting through mandatory meetings about their employers' views on unionization without violating the U.S. Constitution.

  • June 03, 2024

    Starbucks' 'Middleman' Remark Illegal, NLRB Judge Says

    Starbucks violated federal labor law at a California cafe when a store manager told a worker she could lose benefits and compared the union to a "middleman," a National Labor Relations Board judge ruled, finding the manager's statements weren't protected speech.

  • June 03, 2024

    NLRB Says Electrical Contractor Must Honor Union Contract

    An electrical contractor in western New York violated the National Labor Relations Act when it refused to properly pay its union electricians or contribute to union-run fringe benefit funds, the National Labor Relations Board ruled, granting a board prosecutor's motion for default judgment.

  • June 03, 2024

    Labaton Keller Opens 1st Office Outside US In London

    Labaton Keller Sucharow LLP said Monday it has opened its first office outside the U.S. in London, as the firm looks to expand its services to the U.K. and the rest of Europe.

Expert Analysis

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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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.

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