Labor

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Justices Won't Hear Fight Over Limits On Port Labor Protests

    The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.

  • February 16, 2024

    NLRB Member Calls For Rethink Of Unit Clarification Decision

    A National Labor Relations Board panel on Friday denied a United Auto Workers bid to reverse a regional director's decision, with a dissenting NLRB member saying the agency should reconsider precedent over the board's review of unit clarification disputes with ties to arbitration.

  • February 16, 2024

    Plant Must End Union Reps' Discipline, NLRB Tells 6th Circ.

    The Sixth Circuit should enforce the National Labor Relations Board's order for a Michigan manufacturing plant to rescind discipline given to two workers who held union positions, the agency argued Friday, saying ample evidence linked the workers' punishment to their activities as union steward and union committee member.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

  • February 16, 2024

    Ex-Yellow Corp. Workers Push WARN Class Cert In Ch. 11

    Former employees of trucking firm Yellow Corp. told a Delaware bankruptcy court that recognizing them as a class is the best way to handle their claim that the bankrupt company didn't give them adequate warning of layoffs.

  • February 16, 2024

    Calif. Forecast: Coverall Wage Cases Head To 9th Circ. Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.

  • February 16, 2024

    NY Forecast: 2nd Circ. Hears Xerox Healthcare Union Case

    In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 16, 2024

    Amazon Joins List Of Employers Challenging NLRB Structure

    Amazon has joined Trader Joe's, Starbucks and SpaceX in challenging the constitutionality of the National Labor Relations Board's structure, saying in a filing in board litigation that NLRB members and judges are unconstitutionally protected from removal by the U.S. president.

  • February 16, 2024

    DC Circ. Sends Ambulance Co. Info Spat Back To NLRB

    The D.C. Circuit on Friday vacated a National Labor Relations Board decision that found an ambulance company unlawfully withheld information from a union, telling the board to review the company's obligation to provide documents under the parties' labor contract.

  • February 16, 2024

    Marty Walsh Talks Labor Sec. Legacy, Julie Su And Hockey

    A year after announcing his departure as U.S. labor secretary, Marty Walsh says his government experience has come in handy as he oversees the professional hockey players' union, including as they prepare to bargain for a new agreement, and that he's willing to keep pushing for the confirmation of his successor.

  • February 15, 2024

    SpaceX Suit Over NLRB Structure Shipped To Calif.

    A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."

  • February 15, 2024

    Pilots Union Requests Dismissal Of Retirement Age Row

    An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.

  • February 15, 2024

    Spa Deal Shows Progress Of NLRB GC's Noncompete Strategy

    A push by the National Labor Relations Board's general counsel to find noncompete agreements illegal has shown progress through an agency settlement requiring a medical spa to tell workers that it will not maintain those provisions or training repayment agreements, though the future of her initiative is uncertain, experts said. 

  • February 15, 2024

    NLRB Denies Starbucks' Appeal Over Sanctions Threat

    The National Labor Relations Board denied a challenge by Starbucks to an agency judge's order mentioning a potential recommendation to "admonish or reprimand" the company's counsel at Littler Mendelson PC over subpoena compliance, with one board member calling for specifics on alleged misconduct.

  • February 15, 2024

    Strike Participation More Than Doubles In Busy 2023

    More than twice as many workers struck in 2023 than in 2022 amid a series of high-profile work stoppages by large units of actors, teachers, and healthcare and manufacturing workers, according to a Cornell University-University of Illinois report released Thursday.

  • February 15, 2024

    Longshoremen's Union Retaliated Against Worker, NLRB Says

    An International Longshoremen's Association local violated federal labor law by causing the suspension of a worker from a hiring hall after he filed internal grievances, the National Labor Relations Board concluded, ordering the union to pay for harm linked to its illegal actions.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    NLRB Denies Starbucks' Explicit Threat Defense At Fla. Store

    Starbucks illegally threatened a lead union organizer in Florida, the National Labor Relations Board concluded Wednesday, tossing Starbucks' claim that it didn't violate federal labor law because there wasn't an explicit threat of retaliation.

  • February 14, 2024

    Restaurant Illegally Fired Striking Workers, NLRB Judge Says

    An '80s-themed restaurant in Houston violated federal labor law by threatening and terminating employees who went on strike, a National Labor Relations Board judge ruled, saying the company gave inconsistent explanations for why the workers were let go.

  • February 15, 2024

    Dartmouth Ruling Tips Off Athletes' Rights Redux At NLRB

    After punting on the issue nearly a decade ago, the National Labor Relations Board is poised to decide whether college athletes can unionize following a regional official's decision to allow a union vote among Dartmouth College men's basketball players.

  • February 14, 2024

    Union Vote Can Stand After Precedent Shift, NLRB Says

    The National Labor Relations Board has upheld a regional official's decision approving a union representation election for housekeeping staff at a Brooklyn hotel, saying the workers have enough in common to form a bargaining unit under a 2022 precedent shift.

  • February 14, 2024

    NLRB Backs Labor Law Violation Ruling Against Caterer

    A kosher food caterer for airlines unlawfully refused to provide a UNITE HERE local with requested information about the company's eligibility for a federal assistance program, the National Labor Relations Board concluded, upholding an agency judge's finding that the information is relevant to a minimum wage dispute.

  • February 13, 2024

    SpaceX Says It Deserves Injunction In NLRB Structure Fight

    A Texas federal judge should block a National Labor Relations Board case against SpaceX from proceeding while the company challenges the constitutionality of the agency's structure in federal court, SpaceX argued in a brief docketed Tuesday, claiming it has met the criteria for a preliminary injunction.

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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