Labor

  • June 12, 2024

    Massachusetts Pot Shop To Take Union Fight To 1st Circ.

    A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.

  • June 12, 2024

    Union Ignored Dues Authorization Revocations, NLRB Says

    A security guards union violated federal labor law by continuing to collect dues from certain guards at the Federal Communications Commission building in Washington, D.C., after they revoked the union's authorization to do so, the National Labor Relations Board ruled.

  • June 12, 2024

    2nd Circ. Partially Nixes Injunction Over Amazon Firing

    The Second Circuit vacated on Wednesday a New York federal judge's order barring Amazon from firing workers for engaging in union activity, saying the judge did not explain why she imposed the broad prohibition while at the same time finding the company did not have to rehire a fired union activist.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    NCAA Settlement Could Aid Athletes' Employee Status Push

    A landmark settlement the NCAA announced in May in an antitrust class action brought by former college athletes reportedly sets a path for schools to share revenue with players, and experts said it could bolster active efforts to deem college athletes employees under federal labor law.

  • June 11, 2024

    Teamsters Unit Was 'Colluding With UPS,' Worker Says

    A UPS worker accused a Teamsters affiliate in Illinois federal court of violating its fair representation duty by "colluding" with the shipping giant to slash his hours and pay him incorrectly while also alleging that the company retaliated against him for an unfair labor practice charge.

  • June 11, 2024

    NLRB Election Notice Tainted Union Vote, Dispensary Argues

    A Phoenix cannabis dispensary asked the D.C. Circuit to reverse a National Labor Relations Board order compelling the company to recognize a United Food and Commercial Workers local, saying the board shouldn't have certified the union because of an issue with the election notice.

  • June 11, 2024

    Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.

  • June 11, 2024

    UAW Prez Faces Probe Over Retaliation Claims, Monitor Says

    United Auto Workers President Shawn Fain and other union leaders are under investigation over allegations of retaliation and financial misconduct, an independent monitor has detailed in a report, saying the union has "slow-rolled" access to documents for the probe.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 11, 2024

    Union Defends Arb. Win In Seniority Fight With Concrete Co.

    An arbitrator reasonably found that a Missouri ready-mix concrete supplier violated its contract with a Teamsters local when it began releasing drivers from duty for the day without respect for their level of seniority, the union argued, encouraging a Missouri federal judge to preserve the arbitration award.

  • June 10, 2024

    UPS Unit Opposes Teamsters Local's Certification At 9th Circ.

    A UPS subsidiary is fighting a National Labor Relations Board decision over a Teamsters local's certification at the Ninth Circuit, alleging that the union's misconduct amid a representation election unfairly influenced the vote.

  • June 10, 2024

    Pension Fund Repays PBGC $8M In Excess Financial Aid

    The U.S. Department of Justice announced Monday that a pension provider for workers in graphic communications has paid back more than $8 million in excess funds it received through a financial assistance program administered by the Pension Benefit Guaranty Corp.

  • June 10, 2024

    2nd Circ. Order Won't Quell NLRB Injunction Discovery Debate

    A recent Second Circuit order reviving the National Labor Relations Board's bid to block Starbucks from committing alleged labor law violations in New York boosted employers' power to seek discovery in labor injunction cases, even as it knocked a district judge for letting Starbucks pry into a union campaign.

  • June 10, 2024

    SoCal Workers Want Class Cert. In Union Healthcare Fee Suit

    A group of union-represented Southern California hospitality workers who say they're getting charged much higher health insurance rates than their counterparts in Las Vegas are seeking class certification in their lawsuit challenging the rates, according to a filing in Illinois federal court.

  • June 10, 2024

    NLRB Monitor Says Agency Needs Specific Mail-Ballot Rules

    Regional offices of the National Labor Relations Board "were not consistently complying" with procedures for mail-ballot elections, an agency watchdog report found, highlighting lapses in documenting details of elections conducted by mail and a lack of internal controls tailored to mail ballots.

  • June 10, 2024

    NLRB Judge Orders Starbucks Exec Video As ULP Remedy

    Starbucks violated federal labor law multiple times at cafes near Phoenix where union organizing efforts with Workers United were brewing, a National Labor Relations Board judge ruled, recommending an order to make the coffee chain post a video recording of a reading notice about employees' rights.

  • June 10, 2024

    Chemical Manufacturer Beats Rehire Order In Fight With Union

    A Texas federal judge has vacated an arbitration award ordering a chemical and ammunition manufacturer to rehire an employee who it accused of lying about receiving confidential information from a union steward, finding the award didn't draw its essence from the union contract.

  • June 10, 2024

    Cozen Sustains NY Growth With Ogletree Labor Expert

    An experienced labor and employment attorney has jumped from Ogletree Deakins Nash Smoak & Stewart PC to Cozen O'Connor, continuing recent growth in the firm's New York office.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 07, 2024

    Ohio Panel Says School Union Dues Dispute Tied To Contract

    An Ohio state appeals court said five public school employees cannot hash out their claims over unauthorized union dues deductions in court because they draw from a collective bargaining agreement and therefore must be handled administratively.

  • June 07, 2024

    Ill. Judge Unmoved By 2nd Circ. In Starbucks Subpoena Row

    An Illinois federal judge declined to narrow a prior order letting Starbucks subpoena workers to boost its defense against a National Labor Relations Board injunction bid, saying a recent Second Circuit decision faulting the scope of a discovery grant in another Starbucks case doesn't apply.

  • June 07, 2024

    Union Says NYC Hotel Must Pay Severance Arbitration Award

    A hotel workers union urged a New York federal court to force a former operator of a shuttered Marriott hotel in Manhattan to pay $6 million in severance pay stemming from the COVID-19 pandemic, saying an arbitrator's award in the union's favor must be enforced.

  • June 07, 2024

    SpaceX Pans NLRB Offer In Injunction Battle

    The National Labor Relations Board's offer to pause an in-house suit against SpaceX is "merely a ploy" to stave off a Fifth Circuit decision backing the company's challenge to the agency's constitutionality, the rocket maker told a Texas federal judge.

  • June 07, 2024

    Southwest Attys Get Pause On 'Punitive' Religious Training

    In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training" should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."

Expert Analysis

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

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

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    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

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    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

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    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.

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