Labor

  • February 06, 2024

    5th Circ. Hammers Merits In Hearing On NLRB Remedies Case

    The Fifth Circuit appears unlikely to opine on the National Labor Relations Board's revamp of its remedial practices after a Tuesday hearing on the agency's ruling involving software company Thryv focused on the underlying bargaining dispute and the board's reversal of one of its judge's rulings.

  • February 06, 2024

    SEIU Wins Vote Fight At Wash. Nursing Home Before NLRB

    A National Labor Relations Board official correctly held that seven challenged ballots should be counted in a union representation election at a Tacoma, Washington, nursing home, and a new election should be held if the union lost because of the nursing home's preelection conduct, a split NLRB ruled.

  • February 06, 2024

    SEIU President To Step Down After 14 Years

    The Service Employees International Union's president announced Tuesday that she would not seek reelection after 14 years leading the union.

  • February 05, 2024

    NLRB Official Nixes Bid To Oust Starbucks Union At Md. Cafe

    A Starbucks worker can't have a vote to decertify Workers United at a Maryland store, a National Labor Relations Board official determined Monday, saying the ouster bid must be dismissed under board precedent.

  • February 05, 2024

    Dartmouth Men's Hoops Players Get OK For Union Vote

    A National Labor Relations Board official on Monday said players on Dartmouth College's men's basketball team are employees and can vote to unionize, teeing up a test of college athletes' organizing rights.

  • February 05, 2024

    SpaceX Can't Show Harm In Constitutional Row, NLRB Says

    SpaceX hasn't proved how the company faces harm from the litigation of an unfair labor practice proceeding over its firing of eight Elon Musk critics, the National Labor Relations Board contended, defending the constitutionality of the agency's structure.

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    What To Expect As 5th Circ. Mulls Broader NLRB Remedies

    The Fifth Circuit will hear arguments Tuesday in the first test of a National Labor Relations Board ruling that threatens to make employers pay more to workers whose rights they violate. Here, Law360 previews Thryv's challenge to the board's revised remedial arsenal.

  • February 05, 2024

    NIL Suit Heats Up: 'NCAA Defends A World That Doesn't Exist'

    The states of Tennessee and Virginia have ripped the NCAA's defense of its name, image and likeness rules by ridiculing the organization's claim of protecting athletes against professionalism, exploitation and classification as employees, which the states said "defends a world that doesn't exist.''

  • February 05, 2024

    Agency Delay Can't Stop 5th Circ. Back Pay Order, NLRB Says

    The National Labor Relations Board's yearslong delay in resolving a layoffs dispute shouldn't stop the Fifth Circuit from enforcing a back pay award against a plumbing company, the agency argued, saying U.S. Supreme Court precedent supports the board's position in a more than 12-year-long unfair labor practice case.

  • February 05, 2024

    Cemex Bargaining Order Ruling Omitted ULPs, Teamsters Say

    The National Labor Relations Board correctly ordered a cement manufacturer to bargain with the Teamsters after finding the company meddled in a union campaign, but it erred by dismissing a string of unfair labor practice allegations from the blockbuster case, the Teamsters told the Ninth Circuit.

  • February 02, 2024

    1-Year Vote Bar Applies To Mariners Retail Union, NLRB Says

    A United Food and Commercial Workers affiliate can't seek an election to represent workers at Seattle Mariners retail stores for one year after a previous decertification vote, the National Labor Relations Board determined Friday, reversing an agency official's finding that a new vote could be barred for only six months.

  • February 02, 2024

    Mich. Prevailing Wage Policy Gets Appellate Court's Backing

    A Michigan agency did not overstep its authority when it required that workers on certain state-funded construction projects be paid a prevailing wage, an appellate court panel has ruled, finding the Legislature's repeal of the Prevailing Wage Act did not remove the agency's ability to impose certain terms on state contracts.

  • February 02, 2024

    Cemex Slams 'Radical' Union Recognition Revamp At 9th Circ.

    The company at the center of a blockbuster National Labor Relations Board ruling that subjects employers to bargaining orders if they meddle with union election campaigns urged the Ninth Circuit to nix this "radical change," arguing the board overstepped precedent and the law.

  • February 02, 2024

    NLRB Constitutionality Fight Must Stay In Texas, SpaceX Says

    A constitutional challenge to the National Labor Relations Board's structure shouldn't head to a California district court, SpaceX contended, saying the case must proceed in Texas because fired workers in the dispute "caused substantial disruption" to the company in that state.

  • February 02, 2024

    Ohio Demolition Co. Hit With Post-Default Discovery Fines

    An Ohio building demolition and sewer services contractor has to pay daily fines for failing to respond to information requests from multiple union benefit funds' trustees in a case the company and its owner have already lost by default after they were found in contempt of federal court.

  • February 02, 2024

    Biz Groups Can File Brief In Union's Joint Employer Rule Fight

    A coalition of business groups may intervene in litigation filed by the Service Employees International Union that seeks to broaden the scope of the National Labor Relations Board's new joint employer rule, the D.C. Circuit ruled.

  • February 02, 2024

    NY Forecast: 2nd Circ. To Hear Barclays Whistleblower Case

    The Second Circuit will consider in the coming week whether to revive a former Barclays executive's suit claiming he was fired after reporting misconduct at the company, such as requiring him to work during leave meant to root out insider trading. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 02, 2024

    Calif. Forecast: Ulta's $1.5M Wage Deal Up For Approval

    In the coming week, attorneys should watch for potential final settlement approval in a wage and hour class action against beauty store company Ulta. Here's a look at that case and other labor and employment matters coming up in California.

  • February 01, 2024

    Labor Groups Slam Blackstone Plan To Buy Tricon Residential

    Four activist organizations urged Tricon Residential Inc. shareholders not to approve the company's sale to Blackstone, which they say has a record of aggressively evicting tenants and raising their rents.

  • February 01, 2024

    NLRB Advice Office Expounds On GC's Noncompete Memo

    Some provisions in a branding business's employment agreement are not illegal, the National Labor Relations Board's Division of Advice found in a review it conducted of how a directive on noncompete agreements from the agency's top prosecutor applied to unfair labor practice claims filed against the company.

  • February 01, 2024

    Longshore Union Reaches $20M Deal In Port Boycott Case

    The International Longshore and Warehouse Union has agreed to pay a port operator $20.5 million to settle a decade-old lawsuit accusing the union of engaging in an unlawful boycott of the company during a labor dispute, the two sides announced Thursday.

  • February 01, 2024

    UFCW Backs Injunction Bid In Pot Co. Union Fight

    A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.

  • February 01, 2024

    New Jersey AG Says Gun Law Doesn't Target Cop Pot Use

    New Jersey Attorney General Matthew J. Platkin urged a judge to toss Jersey City's suit seeking a declaration that state-level pot legalization is preempted by the Gun Control Act of 1968, pointing to a carveout in the federal law for legal cannabis users who are armed during the course of their work.

  • February 01, 2024

    Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant

    Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

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