Labor

  • May 30, 2024

    Lawmakers Urge NLRB To Investigate Claims Against Google

    A group of nearly 50 lawmakers asked the National Labor Relations Board's general counsel to quickly investigate unfair labor practice allegations against Google and its contractor Cognizant, saying the outcome of these cases could "set important precedent" for workers and companies.

  • May 30, 2024

    NLRB Judge Hits Nursing Homes For Bad Faith Bargaining

    The operators of six Connecticut nursing homes bargained in bad faith with a Service Employees International Union local and refused to rehire workers who went on strike to protest their unlawful implementation of a contract, a National Labor Relations Board judge ruled in a case that stretches back more than 12 years.

  • May 30, 2024

    Teamsters Urge Court To Keep Airline Retaliation Suit Alive

    The Teamsters have asked a Minnesota federal judge to preserve their allegations that Sun Country Airlines retaliated against workers for participating in a union drive, saying the judge should toss the company's bid to dismiss the suit.

  • May 30, 2024

    NLRB Says Member Conflict Rightly Doomed Exxon Mobil Win

    The National Labor Relations Board has asked the Fifth Circuit to preserve a board holding that Exxon Mobil refused to bargain with a union, defending its decision to nix the oil giant's initial victory in the case after discovering that a board member had invested in a fund containing Exxon stock.

  • May 30, 2024

    Ford Settles Union Worker's Retirement Credit Suit

    Ford Motor Co. and a union retirement plan have agreed to settle an employee's proposed class action claiming the company improperly calculated retirement benefits owed to workers who were injured on the job, according to a filing Thursday in Michigan federal court.

  • May 30, 2024

    NLRB GC Calls On Board To Find Racism Claim Is Protected

    A National Labor Relations Board judge was right to find that a school choice nonprofit illegally terminated a worker for saying she thought her supervisor was racist, agency prosecutors argued, saying the worker's remark was linked to protected concerted activity.

  • May 30, 2024

    Homeland Security Worker Settles Union Agency Fee Suit

    A U.S. Department of Homeland Security employee told a Washington, D.C., federal judge that she has settled her suit against an International Guards Union of America local out of court, resolving allegations that the union improperly refused to give her information about how it calculated agency fees.

  • May 29, 2024

    Fight Over Biden NLRB Noms Likely With Election In Sight

    President Joe Biden's renomination of Lauren McFerran to serve as the NLRB's chair and nomination of a Republican to fill an open seat could lead to the first full board since December 2022, but experts expect a fight in the Senate as the agency faces increased scrutiny and the election looms.

  • May 29, 2024

    ILWU Units Call For Toss Of Barge Co.'s Injunction Request

    International Longshore and Warehouse Union affiliates asked an Alaska federal judge to nix a barge company's request for an injunction to halt the union from arbitrating over a work preservation dispute, saying federal labor law doesn't allow the company to request this injunctive relief.

  • May 29, 2024

    IBEW Local Wins Benefits Dispute With Power Plant Operator

    A New York federal judge preserved a win for an International Brotherhood of Electrical Workers local Wednesday in a dispute with a power plant operator over who qualifies for a supplemental retirement benefit at the company, deeming the arbitrator's award reasonable.

  • May 29, 2024

    Ex-Philly Union Leader Wants To Delay New Extortion Trial

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.

  • May 29, 2024

    NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row

    The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.

  • May 28, 2024

    Construction Co. Says Union Broke PLAs With Picket Line Ask

    A construction company urged a Washington federal judge Tuesday to hand the business a win over its suit claiming a Teamsters affiliate violated project labor agreements, arguing the union encouraged drivers not to cross the picket lines during a strike.

  • May 28, 2024

    DC Circ. Revives Campaign Ad Fight At Mail Carriers Union

    The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.

  • May 28, 2024

    UFCW Wants Toss Of Members' Challenge To Delegate System

    United Food and Commercial Workers members can't go to court to challenge the union's system of choosing convention delegates, the union and its top leaders argued to a D.C. federal judge, saying precedent doesn't mandate a proportional method for representation.

  • May 28, 2024

    How Wash. 'Free Choice' Statute Overlaps With Anti-Bias Law

    A Washington state law aimed at preventing companies from holding mandatory anti-union meetings will take effect in June, and although the statute ostensibly targets labor matters, experts say the law should be on discrimination attorneys' radar due to its prohibitions on employers promoting political and religious views in the workplace.

  • May 28, 2024

    Split NLRB Backs Toss Of Union Ouster Bid At Radio Station

    A divided National Labor Relations Board panel supported the dismissal of a worker's decertification petition at a radio station in upstate New York, with the board's lone Republican member calling for a hearing over a potential connection between the ouster bid and alleged unfair labor practices.

  • May 28, 2024

    Trucking Co. Can't Blame Lack Of Raise On Union, NLRB Says

    A Virginia trucking company violated federal labor law when its owner told workers they would have gotten a raise if they weren't organizing, the National Labor Relations Board ruled, upholding an agency judge's findings.

  • May 24, 2024

    5th Circ. Clears Co. In Case That Sparked NLRB Remedy Shift

    The Fifth Circuit on Friday vacated a National Labor Relations Board order finding an ad software company violated federal labor law by laying off workers without bargaining with a union, but did not weigh in on the legality of the expanded remedies that the board used the case to adopt. 

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Rerun Vote At Cannabis Co. Is Justified, NLRB Judge Says

    A cannabis product manufacturer in Washington state violated federal labor law by firing two supporters of a United Food and Commercial Workers local amid an organizing drive, a National Labor Relations Board judge ruled Friday, finding a rerun election should happen given the company's unfair labor practices.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    UAW Invokes NLRB's Cemex Case In Mercedes Vote Challenge

    The United Auto Workers on Friday accused Mercedes-Benz of violating workers' rights in a "relentless anti-union campaign" at two Alabama factories where the union recently lost an election, teeing up a possible bargaining order under a new standard for making employers that meddle in elections deal with unions.

  • May 24, 2024

    EEOC Asks DC Circ. To Revive Bias Case Against Union

    A Washington, D.C., federal judge erred by saying a government employee's discrimination suit against her union was essentially an unfair representation suit that belonged before the Federal Labor Relations Authority, the U.S. Equal Employment Opportunity Commission told the D.C. Circuit on Friday, saying the case belongs in court.

  • May 24, 2024

    Cleaning Co. Should Pay Up In SEIU Arb. Case, Judge Says

    A cleaning company and its related entities should be required to compensate terminated workers with more than $22,000 stemming from an arbitration award, a New York federal magistrate judge recommended Friday, saying a Service Employees International Union affiliate showed the businesses were alter egos.

Expert Analysis

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • 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.

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