Labor

  • July 12, 2024

    Laborers Local Beats Las Vegas Hiring Hall Rule Challenge

    A National Labor Relations Board judge tossed two former union members' claims that their Laborers local maintained an unwritten, arbitrary rule at its Las Vegas hiring hall that it didn't tell members about, holding that the rule was sensible and members were informed of it.

  • July 12, 2024

    NY Artist Violated Law Amid Union Drive, NLRB GC Says

    A New York City-based artist violated federal labor law by requiring workers to attend a so-called captive audience meeting and firing a union supporter, National Labor Relations Board prosecutors alleged, calling for the employer to issue an apology letter and read a notice of workers' rights.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    NLRB's Lone Republican Balks At Starbucks Decert. Dismissal

    A split National Labor Relations Board panel on Thursday upheld the dismissal of a Starbucks worker's bid to oust the union at a Portland, Oregon, cafe, drawing a dissent from the board's lone Republican appointee, who thought the decertification election should happen despite pending unfair labor practice claims.

  • July 11, 2024

    Vidal Says USPTO Has Improved Patent, TM Application Speed

    The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.

  • July 11, 2024

    Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal

    Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.

  • July 11, 2024

    Distributor's Drivers Kept From Proposed Warehouse Unit

    A National Labor Relations Board official has greenlit over two dozen warehouse employees of an Oklahoma food distributor to vote on union representation by a Laborers local, rejecting the company's bid to expand the voting pool to include employees who work outside the warehouse.

  • July 11, 2024

    Staffing Claim Against Kaiser Will Go To Trial, Judge Says

    A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ruled, saying there are outstanding issues to be resolved at trial.

  • July 11, 2024

    NLRB Defends Its Home Depot 'BLM' Decision At 8th Circ.

    The National Labor Relations Board on Thursday urged the Eighth Circuit to affirm a ruling that Home Depot illegally pushed out a worker who refused to remove the letters "BLM" from their apron, saying federal labor law protected the worker's protest because it echoed other discrimination complaints.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Former Union Attorney Confirmed To Fed. Labor Panel

    The U.S. Senate confirmed an attorney with years of experience in the federal government and a federal employees union to a seat on the Federal Labor Relations Authority, returning the agency to a full slate of members after a yearlong vacancy.

  • July 11, 2024

    Oregon Hospice Workers Can Vote On Joining Existing Union

    A group of Oregon home healthcare and hospice workers may vote on representation by a union that already represents their co-workers, provided that the so-called professional employees in the bargaining unit also vote yes on them joining, a National Labor Relations Board official has said.

  • July 11, 2024

    Biden Taps Cohen Weiss Atty As PBGC Director

    President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.

  • July 11, 2024

    Ex-Union Leader Gets 6 Years For Bribery, Embezzlement

    John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.

  • July 11, 2024

    3rd Circ. Backs Toss Of $427K Arbitration Liability Award

    The Third Circuit upheld a lower court's nix of an arbitration award of more than $427,000 against a painting company over a union pension fund's withdrawal liability claims, determining Thursday that the fund waited too long to request payment under federal benefits law.

  • July 11, 2024

    Biden Floats $2B To Drive US Auto Industry's EV Pivot

    The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.

  • July 10, 2024

    X Coder Fired For Tweet Not Protected, NLRB Judge Says

    A software engineer terminated by Twitter, now known as X Corp., was a supervisor when she tweeted that workers should let Elon Musk fire them for working remotely and thus can't challenge her termination as an employee, a National Labor Relations Board judge found on Tuesday.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

  • July 10, 2024

    SpaceX Anti-NLRB Crusade Advances As Judge Grants Block

    A Texas federal judge on Wednesday blocked a National Labor Relations Board suit accusing SpaceX of suppressing workers' rights while he weighs the rocket maker's claims that the prosecution is unconstitutional, according to a docket notice.

  • July 10, 2024

    Carmaker's Discovery Request Narrowed In NLRB Dispute

    An Arizona federal judge cleared an electric car manufacturer to move forward with the discovery process in an injunction dispute with the National Labor Relations Board, holding that the company can request some but not all of its workers' communications with union representatives.

  • July 10, 2024

    Starbucks Questions NLRB Constitutionality After ALJ Ruling

    Starbucks fought an agency judge's ruling over the termination of a union supporter in Michigan with claims that the National Labor Relations Board's structure violates the U.S. Constitution, challenging removal protections for board members and administrative law judges.

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    Pittsburgh Paper Bargained In Bad Faith, NLRB Judge Says

    The Pittsburgh Post-Gazette violated federal labor law by pursuing proposals in contract negotiations that would tread on its advertising department workers' rights, a National Labor Relations Board judge ruled, issuing a bargaining order against the newspaper.

  • July 10, 2024

    NLRB Outburst Order Violated Due Process, 5th Circ. Says

    The National Labor Relations Board must reconsider its decision changing the analysis of whether worker outbursts are protected under federal labor law, the Fifth Circuit ruled, finding the board violated a company's due process rights by not hearing its arguments prior to the precedent shift.

Expert Analysis

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • 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.

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