Labor

  • June 03, 2024

    NLRB Says Electrical Contractor Must Honor Union Contract

    An electrical contractor in western New York violated the National Labor Relations Act when it refused to properly pay its union electricians or contribute to union-run fringe benefit funds, the National Labor Relations Board ruled, granting a board prosecutor's motion for default judgment.

  • June 03, 2024

    Labaton Keller Opens 1st Office Outside US In London

    Labaton Keller Sucharow LLP said Monday it has opened its first office outside the U.S. in London, as the firm looks to expand its services to the U.K. and the rest of Europe.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    US, Mexico Reach Truce On Steel Factory Labor Violations

    A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.

  • May 31, 2024

    Starbucks, Workers United Secure Tentative Accords In Talks

    Starbucks and Workers United said Friday that collective bargaining talks have resulted in tentative agreements related to just cause, union representation and transparency between the parties, marking another step toward a first labor contract for the coffee chain and union.

  • May 31, 2024

    Texas Justices Won't Review Boeing, Union Back Pay Suit

    The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages from Boeing after the Federal Aviation Administration grounded its 737 Max plane in 2019. 

  • May 31, 2024

    DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal

    An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she issued in the case play out before she resumes adjudicating.

  • May 31, 2024

    CWA, Microsoft Reach Neutrality Deal Over ZeniMax Workers

    The Communications Workers of America and Microsoft notched a neutrality pact that applies to all ZeniMax workers, according to an announcement from the union, with the company agreeing not to interfere if employees want to unionize. 

  • May 31, 2024

    4 Argument Sessions In June Bias Lawyers Should Know

    A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Split NH High Court Says Cops Must Pay Back Sick Leave

    An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pending, a split New Hampshire Supreme Court ruled.

  • May 31, 2024

    NLRB Official OKs Doughnut Chain's Challenge To Union Vote

    A National Labor Relations Board official has upheld a Portland, Oregon, doughnut shop chain's challenges to two votes that swung a representation election in a union's favor, saying the workers were not on payroll at the time they cast their ballots.

  • May 31, 2024

    DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

    The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

  • May 31, 2024

    Transit Co. Wrong To Snub Union In Dallas, NLRB Judge Says

    A company that took over providing certain public transit services in the Dallas area unlawfully refused to work with a union that represented the majority of its drivers, a National Labor Relations Board judge ruled, deeming the company a successor to the workers' previous employer.

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 30, 2024

    Chamber Backs Home Depot In BLM Slogan Row At 8th Circ.

    The U.S. Chamber of Commerce backed Home Depot's challenge of a National Labor Relations Board decision finding the retailer illegally told a worker to remove a Black Lives Matter slogan on their apron, telling the Eighth Circuit that the board hadn't shown a connection between individual and group actions.

  • 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.

Expert Analysis

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • NLRB Takes Antiquated Approach To Bargaining Unit Test

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    The National Labor Relations Board's recent decision in American Steel Construction rewrites history and tries to demonstrate that the interests of the employees included in a union's proposed petitioned-for unit are superior to the interests of the employees excluded, ignoring the reality of modern organizing, say Patrick Scully and Iris Lozano at Sherman & Howard.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

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