Labor

  • December 20, 2024

    Florida Orchestra Unlawfully Declared Impasse, NLRB Says

    A Florida symphony orchestra had not reached an impasse during contract negotiations with a musicians union when it imposed its final offer in 2020, the National Labor Relations Board has ruled, overturning the orchestra's win before an agency judge.

  • December 20, 2024

    Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers

    This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.

  • December 19, 2024

    NLRB, Post-Gazette Trade Barbs Over Bad Faith Bargaining

    National Labor Relations Board prosecutors and the Pittsburgh Post-Gazette have squared off in dueling briefs in Pennsylvania federal court over whether the newspaper bargained in bad faith with its workers' unions and whether it should be forced back to the bargaining table.

  • December 19, 2024

    Teamsters Launch Strike In Bid To Force Amazon To Table

    Workers at seven Amazon facilities across the country who have organized with the Teamsters launched a strike against the e-commerce giant Thursday, demanding that the company meet them at the bargaining table.

  • December 19, 2024

    NLRB Says Co. Threatened Worker Over Grievance Win

    A divided National Labor Relations Board panel said that a U.S. Air Force contractor illegally threatened a worker and changed his schedule because he won a hiring grievance, splitting over the strength of a judge's read of witnesses.

  • December 19, 2024

    Hospital Dodged Bargaining Over OT Change, NLRB Says

    A Puerto Rico hospital violated the National Labor Relations Act when it changed how it assigns overtime without bargaining with its workers' union, the National Labor Relations Board ruled, applying a recent precedent shift for evaluating when companies' unilateral changes to employees' working conditions break the law.

  • December 19, 2024

    NLRB Urges DC Circ. To Affirm Finding Of Hospital's Bad Faith

    The National Labor Relations Board urged the D.C. Circuit on Thursday to affirm a ruling that George Washington University Hospital sabotaged negotiations by insisting on unreasonable contract terms and illegally rebuked the union after workers soured on its progress toward a deal.

  • December 19, 2024

    Dinsmore Adds Labor And Employment Duo In Denver

    Dinsmore & Shohl LLP has hired two labor and employment attorneys in Denver from a firm one of those attorneys helped found, the firm announced Wednesday.

  • December 18, 2024

    Janitors' Picket Was Legal, NLRB Says On 2nd Go-Round

    Janitors at a San Francisco commercial building didn't engage in a secondary boycott when they picketed outside their work location, the National Labor Relations Board ruled in a case on remand from the Ninth Circuit, departing from a Trump-era board ruling.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    The Biggest Labor Decisions Of 2024

    A number of rulings this year have reshaped federal labor law, including National Labor Relations Board decisions restricting employers' tactics in anti-union campaigns and a U.S. Supreme Court ruling tweaking the test for the board to win injunctions. Here, Law360 looks at these and more of the biggest labor decisions of 2024.

  • December 18, 2024

    Black Worker Says UPS, Teamsters Engaged In Discrimination

    A UPS worker told a Mississippi federal court that a supervisor repeatedly made references to slavery and discriminated against him because he is Black and that an International Brotherhood of Teamsters local discouraged him from pursuing his discrimination claims.

  • December 18, 2024

    NLRB Says Starbucks Illegally Axed Worker Who Opened Mail

    Starbucks violated federal labor law by firing a worker at a New York store during a unionization campaign, the National Labor Relations Board ruled, reversing an agency judge's finding that the company fired the worker because he opened a letter from the board.

  • December 18, 2024

    IAM Elevates Longtime HR Counsel To Associate GC

    The International Association of Machinists and Aerospace Workers announced that the union's longtime director and counsel for human resources will be elevated to the role of associate general counsel at the start of 2025.

  • December 18, 2024

    DEI Attacks, Hybrid Work, Paid Leave: 2024's Workplace Shifts

    Over the past year, challenges to employers' diversity, equity and inclusion programs reached a fever pitch, hybrid arrangements began to dominate the teleworking environment, and states and cities took unprecedented steps on paid leave. Here's a look at the major evolutions in workplaces in 2024.

  • December 18, 2024

    Restaurant's Firings Violated Labor Law, NLRB Judge Finds

    A Richmond, Virginia, restaurant violated federal labor law by firing eight workers who demanded better working conditions, a National Labor Relations Board judge ruled, saying the eatery must rehire the employees with back pay.

  • December 17, 2024

    Union Says DOL's H2-A Contracts Defy Court Order

    A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.

  • December 17, 2024

    DC Circ. Nixes Challenge To Union Vote At Transformer Co.

    An electrical transformer manufacturer can't overturn the National Labor Relations Board's certification of a union with claims that agency officials botched the representation vote, the D.C. Circuit ruled Tuesday, saying the company's allegations about the length of the voting period lack merit.

  • December 17, 2024

    With End In Sight, Biden NLRB Defined By Major Shifts In Law

    The tenure of the National Labor Relations Board under President Joe Biden is drawing to a close and labor law experts said they will remember it for issuing a string of consequential decisions that expanded union rights and reintroduced issues to the ever-changing labor law landscape.

  • December 17, 2024

    Starbucks Baristas Authorize Strike Amid First Contract Talks

    Unionized Starbucks baristas have voted to authorize a strike at the coffee giant, Workers United announced Tuesday, as the parties went back to the negotiating table with outstanding issues for first contracts related to wages, benefits and settling unfair labor practice claims.

  • December 17, 2024

    Police Captains Say Del. City Fails To Pay Them OT

    The city of Wilmington, Delaware, misclassifies police captains as overtime-exempt despite their duties being nearly identical to those of police officers, who are eligible for overtime pay, a Delaware federal court was told.

  • December 17, 2024

    11th Circ. Affirms NLRB Bargain Order Against Chemical Co.

    A chemical manufacturer must comply with a National Labor Relations Board decision ordering it to negotiate with a United Food and Commercial Workers affiliate, the Eleventh Circuit found, rejecting the company's claim that two ballots that could have swayed the vote outcome should have counted.

  • December 17, 2024

    NLRB Orders Rerun Election At USC Clinic Over Threats

    The National Labor Relations Board called for another representation election at a University of Southern California health clinic after it threatened to erode benefits just ahead of a union's loss, but the board rejected a judge's recommendation to educate the voters about their labor rights.

  • December 17, 2024

    NLRB Says Distillery Gave Raises To Undercut Union Support

    The National Labor Relations Board has ordered a Kentucky distillery to bargain with a Teamsters local, agreeing with an agency judge that the raises and free bourbon the distillery handed out in November 2022 was an illegal attempt to undermine the union organizing campaign.

  • December 17, 2024

    Groups Want Win In Partially Blocked Prevailing Wage Rule

    The U.S. Department of Labor's final rule updating how prevailing wages are calculated under the Davis-Bacon Act should sink because it is arbitrary and capricious, a group of construction groups said, urging a Texas court to ax the rule after it partially blocked it.

Expert Analysis

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

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