Labor

  • January 16, 2024

    NLRB Injunction Test At Stake In Starbucks' High Court Appeal

    The U.S. Supreme Court may make it tougher for the National Labor Relations Board to win temporary blocks on alleged labor violations after granting Starbucks' challenge to a Sixth Circuit decision upholding such an injunction, though experts are split over the impact of the likely change.

  • January 16, 2024

    Union Funds Drop Suit Against CIA Janitorial Contractors

    Two union benefit funds have dropped their federal lawsuit against a pair of companies that staff janitorial workers and security guards at the Central Intelligence Agency's headquarters, agreeing in a stipulation of dismissal docketed Tuesday to stop pursuing claims that the companies withheld financial documents from fund-retained auditors.

  • January 16, 2024

    SpaceX Demands Halt To NLRB Case Over Firings

    SpaceX called for a Texas federal judge to block the litigation of a National Labor Relations Board complaint alleging the company illegally fired critics of CEO Elon Musk, contending that the administrative case shouldn't go forward because the agency's structure is unconstitutional.

  • January 16, 2024

    Feds Say Ex-Union Leader's Jabs At Counsel Waive Privilege

    Prosecutors asked a Pennsylvania federal judge on Monday to declare that convicted embezzler and ex-Philadelphia union leader John Dougherty waived his attorney-client privilege by "attacking" his former Ballard Spahr LLP counsel's representation.

  • January 16, 2024

    Starbucks Retaliated Against Star Worker, NLRB Judge Finds

    A Washington state Starbucks went after a star employee after he pushed for better working conditions at his store and supported unionization, a National Labor Relations Board judge found, ruling the store unlawfully refused to promote him, threatened to discipline him and ultimately fired him.

  • January 16, 2024

    Trader Joe's Trademark Suit Against Union Tossed

    A California federal judge has thrown out Trader Joe's trademark infringement suit against a union of its employees after finding that the complaint was clearly related to an already existing labor dispute between the popular grocery chain and its unionizing workers.

  • January 16, 2024

    Justices Won't Hear Case Over Alaska Union Dues Form

    The U.S. Supreme Court said Tuesday that it would not consider Alaska's challenge to a state court ruling that blocked the state from changing its process for deducting union dues from public employees' paychecks.

  • January 12, 2024

    NLRB Office Beefs Up Nationwide Starbucks Bargaining Case

    The National Labor Relations Board's Tampa, Florida, office has updated a blockbuster nationwide failure-to-bargain complaint against Starbucks to include new stores, bringing the number of cafes accused of snubbing Workers United in one form or another in the case to 374, according to the agency.

  • January 12, 2024

    NLRB Wants Starbucks To Rehire Fired Union Supporters

    A regional director of the National Labor Relations Board called on a Michigan federal judge Friday to order the immediate rehiring of two fired Starbucks workers, arguing there was cause to believe that the firings were retaliatory and would chill workers' willingness to organize.

  • January 12, 2024

    SpaceX Suit Poses Murky But Serious Threat To NLRB

    A new suit by SpaceX challenging the National Labor Relations Board's constitutionality could crush the agency by supercharging its political swings or knocking down its foundations, depending on how the courts heed its novel — but no longer radical — legal theories.

  • January 12, 2024

    Nursing Home Restrictions, Firing Unlawful, NLRB Judge Says

    A New York nursing home violated federal labor law by unilaterally restricting union agents' access to its property and firing a worker three hours after he was elected a steward, a National Labor Relations Board judge found.

  • January 12, 2024

    House Pans NLRB Joint Employer Rule In Bipartisan Vote

    A bipartisan group of lawmakers in the U.S. House of Representatives on Friday voted in favor of striking down a National Labor Relations Board rule that would make it more difficult for linked companies to beat claims they jointly employ the same workers.

  • January 12, 2024

    4 Benefits Issues That May Trip Up Worker Reclassification

    The U.S. Department of Labor's recently finalized rule toughening the test for determining whether someone qualifies as an independent contractor or an employee under federal wage and hour law may make businesses rethink deeming workers contractors. Here are four benefits concerns that employers who opt for reclassification should be aware of.

  • January 12, 2024

    Calif. Forecast: DoorDash Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for potential settlement approval in two related proposed class actions against DoorDash alleging independent contractor misclassification. Here's a look at those cases and other labor and employment matters on deck in California.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    NLRB Judge Says Lender Must Retool Employment Agreement

    A Michigan mortgage lender's bans on workers publicly criticizing the company or responding to media inquiries about company affairs violates their right to speak out about working conditions, a National Labor Relations Board judge ruled, ordering the company to remove the bans from its employment agreement.

  • January 12, 2024

    3rd Circ. Won't Revive Dues Suit By Voluntary Union Members

    The Third Circuit on Friday refused to revive lawsuits by workers who sued American Federation of State, County, Municipal Employees and Service Employees International Union locals over union dues collected post-employment, saying the U.S. Supreme Court's Janus decision barring the practice didn't apply to employees who voluntarily joined unions.

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    NY Forecast: 2nd Circ. Hears Starbucks Discovery Dispute

    In the coming week, the Second Circuit will hear the National Labor Relations Board's argument for overturning a trial judge's decision denying its request for an injunction against Starbucks over its response to a nationwide union organizing campaign. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • January 12, 2024

    Justices Take Up Starbucks' NLRB Injunction Challenge

    The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.

  • January 12, 2024

    DC Circ. Affirms T-Mobile Illegally Established Company Union

    A divided D.C. Circuit panel on Friday supported the National Labor Relations Board's conclusion that T-Mobile illegally established a company union, with the majority finding the board properly clarified that workers are dealing with their employer when individual employees act in a "representative capacity" as they share ideas with management.

  • January 11, 2024

    Hotel Resists Rehire Order As It Seeks Supreme Court Review

    A Los Angeles hotel has asked the Ninth Circuit to pause its order enforcing a National Labor Relations Board decision forcing it to rehire union workers following a major renovation, saying the U.S. Supreme Court must first resolve a circuit split on the issue of "anti-union animus."

  • January 11, 2024

    NLRB Wants SpaceX's Constitutional Challenge Sent To Calif.

    The National Labor Relations Board sought Thursday to transfer SpaceX's bombshell suit challenging its constitutionality from Texas to California, saying the case has "virtually no nexus" to the court where it was filed and accusing the spacecraft maker of forum shopping.

  • January 11, 2024

    NLRB Won't Order Apology For Union Over Nixed Complaint

    The National Labor Relations Board on Thursday backed an agency judge's dismissal of a worker's claim that a Laborers' local had an unlawful arrangement with employers for a project at the Las Vegas Raiders stadium, denying the union's request that the regional office that filed the complaint issue an apology.

  • January 11, 2024

    Biden Taps Former Union Attorney For Vacant FLRA Seat

    President Joe Biden said Thursday he plans to nominate an attorney with decades of experience serving the federal government and a federal employees union to a seat on the Federal Labor Relations Authority, putting the agency on track to return to a full complement of members after a yearlong vacancy.

Expert Analysis

  • Why Minor League Labor Negotiations Will Be Complicated

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    Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

  • Alternatives For Employers Considering Workforce Reduction

    Excerpt from Practical Guidance
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    Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

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    The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

  • NLRB Reversal On Union Apparel Is A Warning For Employers

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    The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

  • Proposed NLRB Rule Would Vastly Expand Joint Employment

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    The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.

  • Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

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    California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

  • Prepare For NLRB Collaboration With Antitrust Agencies

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    The National Labor Relations Board's recent agreements with the Federal Trade Commission and the U.S. Department of Justice may herald increased interagency engagement on noncompete and no-poach issues, so companies that face scrutiny from one agency may well quickly be in the crosshairs of another, say attorneys at BakerHostetler.

  • Watson Discipline Case Shows NFL's Power In Labor Disputes

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    While the six-game suspension a disciplinary officer recently ordered against Cleveland Browns quarterback Deshaun Watson aligns with labor law standards, the NFL has authority to increase the punishment with little to no recourse for Watson or the NFL Players Association — thanks to the 2016 “Deflategate” case, says Michael Elkins at MLE Law.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • What New Captive Audience Law Means For Conn. Employers

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    Given a new Connecticut law that allows employees to opt out of captive audience meetings where employers share religious or political opinions, companies will need to address the liability risks posed by this substantial expansion of employee free speech rights, say attorneys at Shipman & Goodwin.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

  • Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

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    A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

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