Labor

  • February 13, 2024

    NLRB's Joint Employer Rule Gets Long Look In Biz Challenge

    The National Labor Relations Board's revised joint employer test is not just "logically incoherent" but also violates federal labor law, the attorney for a U.S. Chamber of Commerce-led business coalition argued during marathon Texas federal court arguments Tuesday in a bid to block the impending shift.

  • February 13, 2024

    NLRB Defends Starbucks Rehire Order At 3rd Circ.

    The National Labor Relations Board urged the Third Circuit to uphold an order requiring Starbucks to rehire two Philadelphia workers after finding they were fired for union organizing and agitating about improving working conditions, saying the court should reject several constitutional challenges the company made about the board's powers.

  • February 13, 2024

    Starbucks Challenges NLRB Michigan Firing Ruling

    Starbucks lawfully terminated a worker in Michigan for violating a staffing rule, the coffee chain contended to the Sixth Circuit on Tuesday, disputing the National Labor Relations Board's conclusion that the firing was illegal and its compensatory damages award.

  • February 13, 2024

    Starbucks Made Statements With Actual Malice, Union Says

    Workers United accused Starbucks of posting statements with actual malice that relate to the union's now-deleted tweet saying "Solidarity with Palestine," telling a Pennsylvania federal court that the coffee chain implied that the union "committed a felony."

  • February 13, 2024

    2nd Circ. Probes Bias Claims Against Service Workers Union

    A Second Circuit panel on Tuesday scrutinized the parameters of a Service Employees International Union member's claim that her local unit didn't pursue her workload grievance because she's Hispanic, although the judges didn't send any clear signals as to their thinking.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    Railroad Asks 8th Circ. To Undo Fired Worker's Back Pay Win

    Kansas City Southern Railway Co. is fighting a court order requiring it to fully reimburse a wrongfully fired employee for five years of lost pay and benefits, telling the Eighth Circuit on Monday that its question about whether the payout should account for lost vacation time belongs before an arbitrator. 

  • February 12, 2024

    NLRB Judge Says Starbucks Can't Threaten To Cut Tuition Aid

    A Starbucks cafe in upstate New York violated federal labor law by telling workers they'd lose access to free college tuition and be paid less if they unionized, a National Labor Relations Board judge ruled.

  • February 12, 2024

    NLRB Hits DC Excavator With Stiff Remedies In Union Row

    A Washington, D.C., excavating company illegally rebuked a union, a National Labor Relations Board panel found, imposing stiffer-than-usual remedies, including obligations to meet with the union and read a notice to workers alerting them to its labor violations and their organizing rights.

  • February 12, 2024

    Starbucks Didn't Fire Baristas For Using Profanity, ALJ Rules 

    Starbucks violated federal labor law by questioning a worker about unionization at an Illinois cafe and later firing two pro-union employees, a National Labor Relations Board judge ruled, saying the company's terminations of the workers for using profanity didn't match up with past practice.

  • February 09, 2024

    DC Circ. Affirms Union Pension Fund Can Dodge Arb. Awards

    The D.C. Circuit on Friday affirmed two employers' losses in two suits brought by a pension fund for the International Association of Machinists, finding an actuary can set assumptions for a measurement date after the fact based on information that was available as of that date.

  • February 09, 2024

    UFCW Unit Refused To Bargain With Union, NLRB Judge Says

    A United Food and Commercial Workers local illegally refused to bargain with the union representing its organizers, a National Labor Relations Board judge concluded, saying the UFCW affiliate falsely told workers that their union supported firing them.

  • February 09, 2024

    NLRB GC Defends Jurisdiction Agency Suit Against SpaceX

    SpaceX can't escape an administrative suit accusing the company of firing workers for criticizing Elon Musk because it can't show it's an air "carrier" outside the National Labor Relations Board's reach, agency prosecutors said Friday.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    IAM Local Must Face Secondary Boycott Allegations In Calif.

    An International Association of Machinists local must face allegations that union-represented workers violated federal labor law by blocking a delivery truck from exiting a Mercedes dealership during a strike, with a California federal judge saying the dealership may have a case that the action constituted an illegal secondary boycott.

  • February 09, 2024

    Starbucks Lawfully Fired Pro-Union Backer, NLRB Judge Says

    Starbucks was within its rights to fire a pro-union worker and did not unlawfully interrogate employees or surveil strikers at a Kansas store, a National Labor Relations Board judge ruled, while nevertheless finding the company illegally barred discussions about the union.

  • February 09, 2024

    NY Forecast: 2nd Circ. To Hear Eatery Challenge $5M Verdict

    This week the Second Circuit will consider a request from the operator of New York City restaurants to undo a $5 million judgment against it in a class action brought by tipped workers who claimed they were improperly paid under New York law. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 09, 2024

    Proposed NLRB Remedy Could Blunt Worker Firings

    National Labor Relations Board prosecutors' pursuit of a novel remedy that would let unions pick replacements for unfairly fired workers who decline to be reinstated has some basis in the law, but could pose practical challenges.

  • February 09, 2024

    Airline Customer Service Reps OT Exempt, Ariz. Judge Rules

    Airline employees who do not personally engage in transportation-related activities are exempt from the Fair Labor Standards Act's overtime pay rules, an Arizona federal judge ruled.

  • February 09, 2024

    Rules At GM Parts Plant Were Too Broad, NLRB Judge Says

    A General Motors-owned auto parts manufacturer violated federal labor law by maintaining policies against distraction, wasting time and taking company records off the premises without permission at a Michigan facility, an NLRB judge ruled, saying workers could interpret these policies as hemming in union activity.

  • February 09, 2024

    Calif. Forecast: Nurses' Overtime Issue At 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a consolidated collective action dealing with whether nurses for the City and County of San Francisco are exempt from overtime. Here's a look at that case and other labor and employment matters on deck in California.

  • February 08, 2024

    Mass. Appeals Court Won't Revive State Worker's Wage Suit

    A Massachusetts appeals court affirmed Thursday the dismissal of a complaint by a retired state employee seeking to recoup accrued vacation pay against the Commonwealth, finding her claim is precluded under sovereign immunity and she didn't exhaust the grievance procedures in her bargaining agreement.

  • February 08, 2024

    Trader Joe's Fights Union Vote After Atty's 'Solidarity' Gesture

    Trader Joe's mounted a challenge to an independent union's certification in Kentucky, according to a copy of the request for review obtained by Law360 on Thursday, saying an NLRB official wrongly overruled an objection alleging the union's attorney raised his fist and yelled "solidarity."

  • February 08, 2024

    IBEW Local Can't Escape Ex-Officer's Vacation Payout Suit

    An International Brotherhood of Electrical Workers local must face a former officer's claims that the union illegally refused to pay her out for 28 unused vacation days, with a New Jersey federal judge ruling Thursday that the union's bylaws aren't clear on the union's policy for such payouts.

Expert Analysis

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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