Labor

  • November 22, 2024

    Calif. Forecast: Meta Wants Citizen Bias Suit Discovery Stayed

    In the next two weeks, attorneys should keep an eye out for the potential pause on discovery in a U.S. citizen discrimination proposed class action against Facebook owner Meta Platforms Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • November 22, 2024

    Waffle House Hits NLRB With Constitutional Challenge

    Waffle House has become the latest company to accuse the National Labor Relations Board of violating its rights under the Seventh Amendment, suing in South Carolina federal court over the agency's failure to offer the company a jury trial on allegations that one of its restaurants flouted labor law.

  • November 22, 2024

    NY Forecast: 2nd Circ. Hears Doctor's Race Bias Lawsuit

    This week, the Second Circuit will consider arguments to revive a race discrimination and retaliation suit brought by a former doctor at a New York clinic who claims he was discriminated against and ultimately fired because of his race.

  • November 21, 2024

    NLRB Judge Says Exxon Mobil's 10-Month Lockout Was Legal

    Exxon Mobil lawfully locked out hundreds of United Steelworkers members at a Texas refinery, a National Labor Relations Board judge ruled Thursday, rejecting agency prosecutors' theory that the company shut out workers to push them to decertify the union.

  • November 21, 2024

    6th Circ. Upholds Toss Of Guard's Bias Suit Over Firing

    A union was not motivated by bias when it stopped fighting for an Ohio prison guard's rehire while continuing to fight for her co-worker's, the Sixth Circuit ruled Thursday, upholding a federal judge's ruling in favor of the Ohio Civil Service Employees Association.

  • November 21, 2024

    Trump Return Signals Less Heat On Employers From NLRB

    President-elect Donald Trump's return to the White House means employers can expect less scrutiny of their labor relations, in the short term as a new prosecutor eases up on Biden-era enforcement initiatives and in the long term as a new Republican majority rethinks labor-friendly precedents, experts say.

  • November 21, 2024

    Unions, ACLU Throw Weight Behind EEOC Bostock Guidance

    The AFL-CIO, SEIU, American Civil Liberties Union, and several business groups and nonprofits have urged a Texas federal court not to scrap U.S. Equal Employment Opportunity Commission guidance interpreting the U.S. Supreme Court's Bostock decision, arguing the guidelines provide critical advice on preventing workplace harassment.

  • November 21, 2024

    NLRB Judge Says Printing Co. Fired Employee For Wage Talk

    A printing company in Texas unlawfully questioned and later fired a worker for talking about pay with colleagues, a National Labor Relations Board judge concluded, finding the employer's explanations for the termination don't pass muster.

  • November 21, 2024

    Unilever Says Arbitrator Ignored Evidence In Firing Case

    An arbitrator disregarded evidence and the Family and Medical Leave Act when she ordered Unilever to reinstate a worker the company had fired for allegedly falsifying company records, the company told a Missouri federal court, urging it to nix the award.

  • November 21, 2024

    NLRB Judge OKs Back Pay Over Minn. Paving Co.'s Objection

    A Minnesota paving company must pay two drivers about $500 each to cover the pay they lost after being unfairly disciplined, a National Labor Relations Board judge held, rejecting the company's attempt to pin the blame for the lost pay on the drivers.

  • November 21, 2024

    Port Union Illegally Called Dissenter A 'Rat,' NLRB Says

    An International Longshore and Warehouse Union affiliate in Alaska violated federal labor law by calling a union member who raised harassment complaints a "rat," the National Labor Relations Board concluded, with the panel splitting over whether the union unlawfully caused the employee's termination.

  • November 21, 2024

    NLRB Judge Clears Michigan Hospital In Firing Case

    A Michigan hospital did not violate federal labor law by firing a longtime nurse who complained about not being able to switch shifts with a co-worker, a National Labor Relations Board judge ruled, saying her complaints were not group concerns protected by the National Labor Relations Act.

  • November 21, 2024

    2nd Circ. Doubts Concrete Cos.' Revival Bid In CBA Fight

    The Second Circuit appeared reluctant Thursday to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, with multiple judges pointing to discovery failures that underpinned a lower court's grant of summary judgment to the union.

  • November 20, 2024

    NLRB Attys Call Legal Support Co. Injunction Bid 'Unjustified'

    A legal support consulting firm should not be granted a "totally unjustified" injunction to block National Labor Relations Board proceedings against it based on a constitutional challenge to the agency's structure, the board argued in Texas federal court, defending removal protections for NLRB members and judges.

  • November 20, 2024

    Attys Get $9K After Seeking $578K For Defending Safeway

    A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.

  • 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.

Expert Analysis

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

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