Labor

  • 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.

  • December 16, 2024

    Amazon Puts Speed Over Worker Safety, Sanders Report Says

    Amazon prioritizes speed and profit over warehouse workers' safety, and the company has ignored its own internal studies on how to improve workplace safety, according to a report Sen. Bernie Sanders has released that Amazon vehemently derided late Monday as an attempt to support a false "preconceived narrative."

  • December 16, 2024

    Starbucks Made Illegal Posts On Website, NLRB Judge Says

    Starbucks must take down statements on a company website unveiled during Workers United's organizing campaign that offered training and improved benefits, a National Labor Relations Board judge ruled Monday, finding the coffee chain must post a notice nationwide that its comments violate federal labor law.

  • December 16, 2024

    Pa. Archaeologists Can Vote On Teamsters Representation

    A National Labor Relations Board official cleared archaeologists and cultural resources technicians at a Pennsylvania environmental consulting company to vote on union representation, saying one archaeologist is a union-ineligible supervisor and another may be, but the rest of the workers are not.

  • December 16, 2024

    Albertsons Says Kroger 'Squandered' $25B Merger Bid

    The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.

  • December 16, 2024

    Justices Cite Loper Bright, Remand NLRB Successor Bar Case

    The U.S. Supreme Court remanded an NLRB dispute Monday about a Puerto Rico hospital's liability for withdrawing recognition from a union under the agency's successor bar standard, telling the D.C. Circuit to review its deference to the board under Loper Bright.

  • December 16, 2024

    Union Wins Fight To Arbitrate Nuclear Plant Healthcare Dispute

    An International Brotherhood of Electrical Workers local has won its fight to get a nuclear power plant operator to arbitrate a grievance over the company's 2022 healthcare contributions, with a Pennsylvania federal judge adopting a magistrate judge's recommendation to award a win to the union.

  • December 16, 2024

    K&L Gates Adds Hirschfeld Kraemer Employment Pro In LA

    K&L Gates LLP continues expanding its labor and employment team, bringing in a Hirschfeld Kraemer LLP employment litigator as a partner in its Los Angeles office.

  • December 13, 2024

    DC Circ. Upholds NLRB In Puerto Rico Hospital Layoff Case

    A San Juan, Puerto Rico, hospital illegally laid off its janitors and contracted out their work without bargaining with their union, the D.C. Circuit ruled Friday, upholding the National Labor Relations Board's decision in the case.

  • December 13, 2024

    NLRB Says Builder Refused To Bargain After Decert. Denial

    The National Labor Relations Board said Friday that a Michigan builder violated federal labor law by ceasing to recognize and refusing to bargain with an established union, teeing up a possible court review of a prior board decision tossing a decertification push due to the company's alleged labor violations.

  • December 13, 2024

    7th Circ. Nixes NLRB Order Against Surgery Center

    An Indianapolis surgery center was within its rights to fire an employee accused of goofing off during a surgery, the Seventh Circuit ruled, overturning the National Labor Relations Board's finding that the facility actually fired the employee for raising concerns about workers' unlicensed use of X-ray equipment.

  • December 13, 2024

    NY Forecast: 2nd Circ. Hears School District Retaliation Suit

    This week, the Second Circuit will consider a former Connecticut school district executive's attempt to revive her lawsuit alleging she was fired in retaliation for filing a complaint claiming she was passed over for a promotion due to her race and gender. Here, Law360 looks at this and other cases on the docket in New York.

  • December 13, 2024

    Worker Fired For Union Activity, Not Vax Status, Court Agrees

    A D.C. Circuit panel on Friday upheld a National Labor Relations Board decision that a commercial property management firm illegally fired a union supporter, finding "substantial evidence" the firing was based on the worker's union support and not his COVID-19 vaccination status.

  • December 13, 2024

    Vanderbilt Can Keep Student Info From NLRB, Union

    The National Labor Relations Board can't make Vanderbilt University provide personal information about graduate student workers for a representation election case, a Tennessee federal judge ruled, siding with the school's concerns that giving these details could violate a federal education privacy law.

  • December 13, 2024

    NLRB Says Locker Co. Must Bargain After Fighting Union

    An Indiana locker manufacturer must recognize and bargain with a Teamsters local after retaliating against the union during an organizing campaign and the union's loss of a representation election, the National Relations Board ruled, saying the company's conduct tainted the laboratory conditions necessary for a fair vote.

  • December 13, 2024

    Calif. Forecast: Apple Wants Wage Collective Decertified

    In the next two weeks, attorneys should keep an eye out for the fate of a decertification bid in a wage and hour collective action against Apple. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

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