Labor

  • March 04, 2024

    NLRB Says Google's Union Fight Can Be Heard By DC Circ.

    The National Labor Relations Board has asked the D.C. Circuit to continue adjudicating Google's challenge to the unionization of its subsidiary YouTube Music, urging the court to reject the company's bid to transfer the case to the Fifth Circuit.

  • March 04, 2024

    Union Calls For Sanctions Against NLRB In 7th Circ. Dispute

    The National Labor Relations Board should face sanctions for claiming an International Union of Operating Engineers affiliate hadn't challenged the lawfulness of a punch-in policy for strike replacements, the union contended to the Seventh Circuit, saying the local raised arguments on this point during the agency proceeding.

  • March 01, 2024

    DC Circ. Finds Rehab's Flyers Aren't Unlawful Surveillance

    The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

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

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 01, 2024

    DC Circ. Enforces UAW Bargaining Order With Auto Parts Co.

    The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.

  • March 01, 2024

    Starbucks' Discipline For Joke Was Illegal, NLRB Judge Says

    Starbucks violated federal labor law by disciplining a pro-union worker at an Alabama store for a comment that was a "joke amongst [LGBTQ] friends," a National Labor Relations Board judge determined, ordering the coffee chain to reinstate the employee who was later fired.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.

  • February 29, 2024

    Chamber Tells Justices To Nix 'Watered-Down' Injunction Test

    The U.S. Chamber of Commerce and other employer groups urged the U.S. Supreme Court to reverse a Sixth Circuit decision over the rehire of seven fired Starbucks workers in Memphis, Tennessee, telling the nine justices to do away with a "watered-down" injunction test.

  • February 29, 2024

    Starbucks' Piercing Pivot Punished Union, NLRB Judge Says

    Starbucks' dress code is not illegal on its face to the extent that it bars workers from wearing union T-shirts, but the company violated federal labor law by more strictly enforcing its piercing limits after workers at a Tallahassee, Florida, store struck, a National Labor Relations Board judge said Thursday.

  • February 29, 2024

    Ex-Philly Union Manager Gets Extortion Trial Delayed

    Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.

  • February 29, 2024

    Yellow Corp. Gets Ch. 11 Control Extended To End Of July

    Bankrupt Yellow Freight Corp. has secured an extra 90 days to hold onto the wheel of its Chapter 11 case in Delaware, after citing both the complexity of its case and the "tremendous" progress in selling off its assets.

  • February 29, 2024

    Starbucks Illegally Fired Wash. Worker, NLRB Judge Says

    Starbucks violated federal labor law by firing a union backer for clocking out after an emotional exchange with her boss but not by writing another supporter up over his testy attitude toward a visiting manager, a National Labor Relations Board judge said.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

  • February 29, 2024

    K&L Gates Lands Labor Ace In Dallas From Bell Nunnally

    K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.

  • February 28, 2024

    US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says

    The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.

  • February 28, 2024

    NLRB GC Says Bid To Expand Work Rule Remedies Is Coming

    National Labor Relations Board general counsel Jennifer Abruzzo's office is preparing to ask the board to expand the remedies it will order against employers that were found to have maintained unlawful work rules, the board's top prosecutor said Wednesday.

  • February 28, 2024

    Walmart Stifled Mask Rule Complaints, NLRB GC Claims

    National Labor Relations Board prosecutors bolstered a complaint Wednesday accusing Walmart of violating federal labor law by suppressing complaints about its COVID-19 safety rules, claiming the company sent a worker at a South Carolina store home for photographing a maskless manager, the agency announced.  

  • February 28, 2024

    Save Mart Retirees Add To Nonunion Health Benefits Suit

    Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.

  • February 28, 2024

    NLRB Sends Back Medieval Knights Union Ouster Bid

    A regional director must reconsider the dismissal of a Medieval Knights worker's bid to oust a union, the National Labor Relations Board determined Wednesday, saying the agency official should review the case through the lens of a 40-year-old board precedent.

  • February 28, 2024

    Alaska Airlines Says Religion Didn't Factor Into Worker Firings

    Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.

  • February 28, 2024

    NLRB Says Agency Has Jurisdiction Over Mixed-Unit Dispute

    A shipping company unlawfully refused and delayed giving a union requested information, the National Labor Relations Board said, finding the board has jurisdiction over an unfair labor practice spat involving a "mixed" unit of employees and supervisors after the D.C. Circuit remanded the case.

  • February 28, 2024

    NLRB Member Mulls Shorter Contract Bar For Unratified CBAs

    The National Labor Relations Board agreed with its Brooklyn office director that a union decertification petition filed by an employee of a New York City company must be dismissed as untimely, but one board member said he would be willing to review the untimeliness standard in similar future cases.

  • February 27, 2024

    Starbucks, Union Signal Talks On 'Foundational Framework'

    Starbucks and Workers United announced Tuesday that they have agreed to move the needle on talks for a "foundational framework" related to collective bargaining and resolving litigation, saying both sides discussed a "constructive path forward" amid mediation related to a federal trademarks case.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

    Author Photo

    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

    Author Photo

    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

    Author Photo

    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

    Author Photo

    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

    Author Photo

    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

    Author Photo

    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

    Author Photo

    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

    Author Photo

    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

    Author Photo

    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

    Author Photo

    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

    Author Photo

    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

    Author Photo

    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.