Labor

  • May 16, 2024

    NLRB Remands Chicken Co.'s Election Objection For Hearing

    A split National Labor Relations Board panel remanded a chicken processor's challenge of a representation election based on the claim that a union offered to waive initiation fees, with a dissenting board member finding a lack of evidence to support a hearing.

  • May 15, 2024

    Mass. Judge Takes First Pass At NLRB's Cemex Test

    A Massachusetts federal judge has ordered a cannabis company to bargain with the United Food and Commercial Workers in the first application of the National Labor Relations Board’s Cemex standard to an injunction case. Here, Law360 explores takeaways from the novel decision.

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

  • May 15, 2024

    Walmart Illegally Barred Discipline Talk, NLRB Judge Says

    Walmart illegally forbade a worker in Louisiana from talking about his discipline with other colleagues, a National Labor Relations Board judge ruled Wednesday, telling the company to stop threatening employees who may discuss disciplinary meetings.

  • May 15, 2024

    Teamsters Defend Rehire Order In Dispute With Welch's

    A Welch's factory employee who was fired after being falsely accused of sexual harassment five years ago has waited long enough to be rehired, a Teamsters local argued in Pennsylvania federal court, urging a district judge to uphold an arbitrator's reinstatement order in accordance with a magistrate judge's recommendation.

  • May 15, 2024

    NLRB Attys Fight Union Sanctions In Strike Replacement Case

    A U.S. Department of Justice attorney urged the Seventh Circuit on Wednesday to reject a union's bid to sanction National Labor Relations Board attorneys in a case over labor law violations at a quarry, saying the contention that the union waived a key argument doesn't warrant such an "extreme measure."

  • May 15, 2024

    Barge Co. Seeks To Block 'Hot Cargo' Union Arbitration

    A barge company urged an Alaska federal judge to stop International Longshore and Warehouse Union local affiliates from arbitrating over a work preservation dispute, telling the court that a prior arbitration award established an agreement that makes the company hire union members.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Factory Specifics Will Be Key In UAW-VW Bargaining

    While the United Auto Workers' recent contracts with Detroit automakers were key to organizing Volkswagen's Tennessee plant and securing a landmark election victory last month, experts said unique factors at Volkswagen will give the upcoming talks their own character. 

  • May 14, 2024

    Co. Illegally Placed Manure Near Union Picket, NLRB Says

    The National Labor Relations Board concluded Tuesday that an Illinois concrete producer violated federal labor law by putting manure near an area where an International Union of Operating Engineers local was picketing, granting agency attorneys' motion for default judgment.

  • May 14, 2024

    Colo. Org Lacks Standing In Access Law Row, Judge Says

    The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.

  • May 14, 2024

    Healthcare Labor Activity Reaches Historic Healthcare Union

    Surging union activity in the healthcare industry has reached a new front: employees of the nation's largest healthcare union.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

  • May 14, 2024

    NLRB Official OKs UFCW Vote At Calif. Planned Parenthood

    A group of Planned Parenthood workers at six facilities in Southern California may vote on whether they want a United Food and Commercial Workers affiliate to represent them, a National Labor Relations Board regional director determined, tossing the reproductive health care provider's arguments for a larger bargaining unit.

  • May 13, 2024

    NLRB Official Lets SoCal Nurses Vote On SEIU Representation

    Twelve registered nurses at a Southern California hospital are free to vote on representation by a Service Employees International Union local later this month, a National Labor Relations Board official has held, rejecting the hospital's claim that the nurses are union-ineligible supervisors.

  • May 13, 2024

    Amazon Can't Duck Order To ID Workers For Union Election

    A New York federal judge ordered Amazon on Monday to immediately turn over workers' contact information to a monitor overseeing a vote to elect the Amazon Labor Union's first officers, rejecting the company's request that she reconsider a May 9 decision.

  • May 13, 2024

    Workers At New Jersey Apple Store Vote Down Union

    Workers at an Apple Store in New Jersey voted against being represented by the Communications Workers of America as the union accused the company of using an "anti-union playbook" to sink the unionization effort.

  • May 13, 2024

    Imaging Co. Flouted Deal By Not Rehiring Worker, NLRB Says

    A medical imaging facility in the Los Angeles area wrongly laid off a union-represented worker in 2019, promised to reinstate her and then never did, the National Labor Relations Board found, ordering the facility to rehire the worker after five years.

  • May 13, 2024

    Starbucks Cracked Down On Union Gear, NLRB Judge Says

    Starbucks violated federal labor law by barring workers at a New York store from wearing union shirts on the job, a National Labor Relations Board judge ruled, saying the company allowed workers to wear shirts with logos supporting other causes.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 10, 2024

    Starbucks Fired Worker Over Early Closure, NLRB Judge Says

    Starbucks unlawfully fired a worker who closed a store early in protest of staffing issues, a National Labor Relations Board judge held Friday, saying the action was a protected strike and that the worker did not lose the protection of federal labor law during heated conversations with managers.

Expert Analysis

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

  • NLRB Order May Mean Harsher Remedies For Labor Violations

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    The National Labor Relations Board's recent ruling against a Nebraska meat processor, ordering an expanded range of remedies for the employer's repeated labor law violations, signals the NLRB's willingness to impose harsh remedies more frequently, in the full spectrum of unfair labor practice litigation, say Eric Stuart and Zachary Zagger at Ogletree.

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