Labor

  • November 20, 2024

    Hospital Urges Rethink Of NLRB Deference Post-Chevron

    A Puerto Rico hospital told the U.S. Supreme Court it must reverse a D.C. Circuit decision upholding the National Labor Relations Board's application of its so-called successor bar doctrine, saying the decision rested upon a level of deference to the board the high court has since abandoned.

  • November 20, 2024

    Starbucks, NLRB End Dispute Over Unionizing Threats

    Starbucks and the National Labor Relations Board alerted the Eleventh Circuit that they resolved a dispute over the board's allegations that a Wisconsin cafe manager unlawfully threatened a worker while discussing a Workers United organizing campaign, saying the company and the union have agreed to continue bargaining in good faith.

  • November 20, 2024

    Care Home Co. Shirked Settlement Obligations, NLRB Says

    A Tennessee residential care facility operator must prove to the National Labor Relations Board that it has rescinded the wage discussion ban that landed it in legal hot water, the board said, ruling that the operator hasn't complied with a 2023 settlement to an NLRB case.

  • November 20, 2024

    Hotel Co. Liable For Labor Law Breaches, NLRB Judge Says

    A New Jersey hotel operator violated federal labor law by terminating pro-union workers and not remitting dues to the Hotel and Gaming Trades Council, a National Labor Relations Board judge ruled, saying the company is also on the hook for a previous owner's unfair labor practices.

  • November 19, 2024

    Pa. Paper Committed Bad Faith Bargaining, NLRB Judge Says

    The Pittsburgh Post-Gazette illegally pushed proposals during contract negotiations with a mailers union that would give the newspaper "sweeping control" over many employment terms, a National Labor Relations Board judge ruled Tuesday, recommending a bargaining order and payment for the union's negotiating expenses.

  • November 19, 2024

    Teamsters Local Dodges Truck Driver's Blacklisting Suit

    A Teamsters local defeated a truck driver's claim that he was blacklisted from working on Pittsburgh film sets after complaining about nepotism in hiring, with a Pennsylvania federal judge ruling Tuesday that the case record lacked evidence that the union shut him out of work.

  • November 19, 2024

    NLRB Sends Back Charter School's Jurisdictional Challenge

    A National Labor Relations Board regional director must weigh whether a New Orleans charter school falls under the agency's jurisdiction based on a Louisiana statute, the board determined after the school claimed it is considered a political subdivision under federal labor law.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    FDNY Says Poor Interviews, Not Bias, Thwarted EMS Workers

    Two union-represented emergency medical service workers with the New York City Fire Department missed their shot at promotions because they performed poorly during their interviews, not because the department discriminates against women, people of color and people with disabilities, the FDNY told a New York federal judge Tuesday.

  • November 19, 2024

    Dialysis Operator Challenges NLRB's Bargaining Order Bid

    National Labor Relations Board prosecutors "cherry-picked" unfair labor practice claims for a California federal court injunction bid seeking a bargaining order, a dialysis centers operator argued, telling the judge the company has been negotiating with a Service Employees International Union affiliate for first contracts.

  • November 19, 2024

    SAG-AFTRA Says Producer Owes $163K Over Romania Shoot

    A production company owes money to the actors on a 2019 action film because it violated a labor agreement by shooting scenes in Romania, SAG-AFTRA told a California federal court, seeking enforcement of an arbitration award in the union's favor.

  • November 18, 2024

    NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told

    A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.

  • November 18, 2024

    2nd Trump Term To Spur Shift In Strategy For Labor Movement

    President-elect Donald Trump's second term will require unions to change tactics after operating under a union-friendly administration for four years, with experts expecting the labor movement to lessen its focus on the National Labor Relations Board and embrace different strategies for organizing workers and forcing employers to the table.

  • November 18, 2024

    Traffic Co. Fights Result Of Work Assignment Grievance

    A traffic control company has asked an Illinois federal judge to vacate a grievance committee's finding that the company assigned work to the wrong union, saying the union raised the work assignment dispute in the wrong way.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Co. Can't Use Loper Bright To Nix NLRB Order, 11th Circ. Told

    The National Labor Relations Board defended its decision finding a security services contractor couldn't avoid negotiating with a union by claiming bargaining unit members were supervisors, telling the Eleventh Circuit that the U.S. Supreme Court's Loper Bright ruling doesn't mean the end of deference to the board.

  • November 18, 2024

    5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases

    The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.

  • November 18, 2024

    NLRB Beats Back Most Of Hospital's Constitutional Challenge

    The National Labor Relations Board has beaten back most of a Massachusetts hospital's constitutional challenge, with a D.C., federal judge tossing all claims except an allegation that the NLRB's administrative law judges are unconstitutionally shielded from presidential removal.

  • November 18, 2024

    Kinder Morgan Wants Worker Fired, Not Just Suspended

    An arbitrator wrongly ordered that a union-represented worker be merely suspended rather than fired over an accident in which diesel fuel sprayed at a Houston-area export terminal, energy transport company Kinder Morgan argued in Texas federal court, telling the judge to nix the arbitration award.

  • November 15, 2024

    FanDuel Dropped From Suit Over MLB Players' NIL Use

    The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.

  • November 15, 2024

    SEIU Wants To Join Fight To Make Dialysis Center Bargain

    A SEIU affiliate wants to be involved in the legal effort to force a dialysis center operator to bargain with it, asking a California federal judge to let it intervene in a case in which National Labor Relations Board prosecutors are seeking an injunction against the operator.

  • November 15, 2024

    Nonprofit Can't Topple NYC Labor Peace Law, Judge Says

    A New York federal judge dismissed a social services nonprofit's fight against a New York City law requiring contractors to negotiate with unions, finding the organization hasn't shown that federal labor laws preempt the local statute or that constitutional claims would defeat the law.

  • November 15, 2024

    What To Expect As 5th Circ. Mulls NLRB's Constitutionality

    The Fifth Circuit will mull the National Labor Relations Board's constitutionality Monday during arguments in two overlapping appeals that ask whether federal labor law defies the president's powers and infringes on employers' rights. Here, Law360 takes a look at what to expect.

  • November 15, 2024

    Las Vegas HVAC Techs Cleared To Vote On UA Representation

    A group of Las Vegas heating, ventilation and air conditioning service technicians can vote on representation by a United Association local later this month, a National Labor Relations Board official said.

  • November 15, 2024

    MVP: McNicholas & McNicholas' Matthew McNicholas

    This past year, Matthew McNicholas of McNicholas & McNicholas LLP secured a trio of multimillion-dollar verdicts on behalf of police officers who alleged they were mistreated by their departments, earning him a spot as one of the 2024 Law360 Employment MVPs.

Expert Analysis

  • 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.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

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