Labor

  • May 08, 2024

    Split NLRB Finds Starbucks Made Threat To Wis. Worker

    A Starbucks manager unlawfully threatened a worker while discussing a Workers United organizing campaign at a Wisconsin cafe, a divided National Labor Relations Board determined, with the board's lone Republican finding what the manager said didn't rise to the level of a threat or interrogation.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

  • May 08, 2024

    NLRB Says Amazon Was Wrongly Denied In-Person Hearing

    The National Labor Relations Board found an agency judge wrongly denied Amazon's request for an in-person hearing over an unfair labor practice complaint alleging the company illegally disciplined a worker, saying there weren't "compelling circumstances" to warrant a remote proceeding.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    DC Circ. Denies Hospital's Rehearing Bid Over 'Successor Bar'

    The D.C. Circuit rejected on Tuesday a Puerto Rico hospital's request for an en banc rehearing over the appeals court's decision to affirm the National Labor Relations Board's conclusions that the hospital illegally withdrew a union's recognition after becoming a successor employer. 

  • May 07, 2024

    Starbucks Wants NLRB Injunction Bid To Wait On High Court

    A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.

  • May 07, 2024

    NLRB Signals Appeal Of Joint Employer Rule Spat To 5th Circ.

    The National Labor Relations Board is fighting a Texas federal judge's decision striking down the board's 2023 joint employer rule, telling the court on Tuesday that the agency will appeal the ruling to the Fifth Circuit.

  • May 07, 2024

    Starbucks Can't End Investor Suit Over Union-Busting Stance

    A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Union Calls On High Court To Nix Hotel's NLRB Rehire Appeal

    The U.S. Supreme Court shouldn't overturn the Ninth Circuit's affirmation of a National Labor Relations Board decision ordering a hotel to rehire 100 union-represented workers, a UNITE HERE affiliate argued, because there isn't disagreement between circuit courts over the evidence required to show anti-union animus.

  • May 07, 2024

    Teamsters Say Workers' Honoring Of Picket Line Wasn't Strike

    Dump truck drivers for a Seattle-area construction company did not violate the no-strike provisions of a set of labor contracts by supporting a strike on a different company, the drivers' union told a Washington federal court, seeking dismissal of the breach-of-contract claim in the company's lawsuit against the union.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 06, 2024

    Apple Unlawfully Questioned Worker Over Union, NLRB Says

    The National Labor Relations Board on Monday upheld a judge's ruling that Apple violated federal labor law when a manager asked a worker about his views on a union drive and his discussions with co-workers.

  • May 06, 2024

    Amazon Union, Reformers Pursue Bids For Worker Info List

    The Amazon Labor Union and members of a reform caucus fought against Amazon's challenge in New York federal court to requests for workers' contact information ahead of an officers vote, with the union saying the e-commerce conglomerate isn't facing a burden.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    DOL Wants New Union Officer Vote For Midwestern Bakers

    An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.

  • May 06, 2024

    NLRB Official Tosses Starbucks Union Ouster Bid In Mich.

    A Starbucks worker in Michigan can't proceed with a bid to oust the Workers United union, a National Labor Relations Board regional director determined, finding that pending refusal-to-bargain claims block the petition from moving ahead for now.

  • May 06, 2024

    Electric Co. Dodged Union On Info Request, NLRB Says

    A Nebraska electrical contractor improperly withheld wage information from an International Brotherhood of Electrical Workers local, the National Labor Relations Board ruled, with one member writing that he would be open to a remedy requiring that employers let NLRB agents train workers on their labor rights.

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Biden Vetoes Joint Employer Rule Disapproval

    President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure. 

Expert Analysis

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

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