Labor

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Texas Justices Back Union Leave Clause's Constitutionality

    A clause in a firefighters union's collective bargaining agreement that permits taking paid leave for negotiations does not violate the Lone Star state's constitution, the Texas Supreme Court ruled Friday while reversing an award of attorney fees and sanctions against some of the plaintiffs.

  • June 28, 2024

    NLRB Retains Unclear Deference After Chevron Reversal

    The U.S. Supreme Court's opinion Friday ending its practice of deferring to agencies' legal interpretations cuts back on but doesn't curb the deference courts have historically given the National Labor Relations Board, though just how much the courts will second-guess the board's policy choices remains to be seen.

  • June 28, 2024

    High Court's SEC Decision Has Limited NLRB Impact, For Now

    A U.S. Supreme Court decision limiting the U.S. Securities and Exchange Commission's reliance on in-house courts spares the National Labor Relations Board's similar administrative system for now, but leaves the door open to future challenges to how the board operates, experts said. 

  • June 28, 2024

    Co. Cites High Court's SEC Ruling To Fight Labor Board Case

    Claims that an oil pipeline operator wrongfully fired an employee should go before a jury, not the National Labor Relations Board, the company argued in a new lawsuit in Texas federal court, citing the U.S. Supreme Court's rebuke of the U.S. Securities and Exchange Commission's in-house court.

  • June 28, 2024

    NLRB Seeks Custody Order Over Biz Owner's Noncompliance

    U.S. Marshals should take the owner of a construction company into custody for his noncompliance with court orders over subpoenas, the National Labor Relations Board told a Delaware federal judge, calling for more stringent measures and thousands of dollars in fines.

  • June 28, 2024

    Tesla Laid Off 14K Workers Without Notice, WARN Suit Says

    Tesla Inc. laid off approximately 14,000 employees without giving them a fair warning required under both federal and California law, a former parts advisor alleges in a putative class action seeking back pay and penalties on the automotive company.

  • June 28, 2024

    Union Asks NLRB To Call For Compensation After Co.'s Stunt

    An Illinois sprinkler installer that faked its shutdown to avoid working with employees' new union should have to pay workers for the lost opportunity to bargain, the union told the National Labor Relations Board, urging it to impose stronger remedies after ruling in the union's favor.

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Uber, Lyft Cut $175M Deal To End Mass. Worker Status Fight

    Uber Technologies Inc. and Lyft Inc. on Thursday agreed to pay a combined $175 million and provide drivers with a suite of benefits to settle an employee classification lawsuit brought by the state of Massachusetts.

  • June 27, 2024

    Starbucks Workers' Suspsension Is Unlawful, NLRB GC Says

    Starbucks violated federal labor law when it suspended employees who presented demands for a raise to their manager at a South Carolina cafe, National Labor Relations Board prosecutors told an agency judge, but the coffee chain claims the manager "was targeted by partners in a workplace violence event."

  • June 27, 2024

    Restored Outburst Shield On Display In NLRB Decision

    The National Labor Relations Board's first application of a restored standard shielding workers from punishment when they mouth off to bosses during workplace protests demonstrates the strength of the so-called loss-of-protection standards, particularly in the hands of worker-friendly decision-makers, experts say.

  • June 27, 2024

    Union Says DC Circ.'s LMRDA Ruling Sets Bad Precedent

    A D.C. Circuit panel's holding that the Labor-Management Reporting and Disclosure Act could compel a letter carriers union to publish a union officer candidate's advertisement in its magazine sets a dangerous precedent, the union argued Thursday, urging the full D.C. Circuit to undo the panel's ruling.

  • June 27, 2024

    DOL Says It Put Salary Levels In OT Carveout Since 1938

    The U.S. Department of Labor told a Texas federal court it included a minimum salary aspect in executive, administrative or professional rules since the Fair Labor Standards Act's inception, arguing a marketing firm doesn't have the basis to halt a final overtime rule.

  • June 27, 2024

    In-House Staff At 1199SEIU Secures Certification For 1st Union

    Workers have formed a staff union at 1199SEIU United Healthcare Workers East, with the National Labor Relations Board certifying the bargaining unit after a campaign that included unfair labor practice claims accusing the union employer of illegally firing an organizer.

  • June 27, 2024

    No Sentencing Delay For Ex-Union Head Ahead Of Retrial Date

    A Pennsylvania federal judge has rejected former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty's request to postpone his sentencing for his bribery and embezzlement convictions ahead of the government possibly retrying him on extortion charges following an April mistrial.

  • June 27, 2024

    Painting Co. Bound By CBA Pre-Ratification, AFL-CIO Says

    The National Labor Relations Board correctly ordered a Cincinnati painting contractor to comply with a union contract despite its claims it had withdrawn from the employer association involved before union members ratified the pact, the AFL-CIO argued, urging the agency to stick by its decision after an appeal.

  • June 26, 2024

    Telecom Co.'s Severance Pacts Are Illegal, NLRB Judge Says

    A retail telecommunications company violated federal labor law by having severance agreements with overly broad provisions that bar employees from making negative comments about the business or discussing the accords, a National Labor Relations Board judge ruled Wednesday.

  • June 26, 2024

    Security Firm's Captains At USPTO Denied Union Vote

    Lieutenants and captains employed by the U.S. Patent and Trademark Office's contracted security firm cannot vote on union representation, a National Labor Relations Board official held Wednesday, saying the workers are union-ineligible supervisors.

  • June 26, 2024

    Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence

    Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.

  • June 26, 2024

    IUOE Local Tells Court To Rethink Toss Of Texas Rehire Award

    An International Union of Operating Engineers local asked a Texas federal judge to reconsider his decision nixing an arbitration award that ordered a chemical manufacturer to rehire a worker who claimed a union steward shared confidential information, arguing that the court relied on an inapplicable Fifth Circuit precedent.

  • June 26, 2024

    Workers Axed For Timecards, Not Union Effort, EV Maker Says

    The electric car manufacturer Lucid urged an Arizona federal judge to deny a National Labor Relations Board official's bid for an injunction to make it rehire two fired union supporters, saying the regional director can't show anti-union bias was behind the terminations.

  • June 26, 2024

    ILWU Units Caused Business Disruption, Barge Co. Says

    A barge company urged an Alaska federal judge to reject work preservation arguments from International Longshore and Warehouse Union affiliates, telling the court that the union pursued a grievance over cargo handling work that illegally disrupted the company's business.

  • June 26, 2024

    Production Workers At Del. Music Venue Get OK To Unionize

    Fifteen employees of the Wilmington, Delaware, music venue The Queen may vote on representation by an International Alliance of Theatrical Stage Employees local in July, a National Labor Relations Board official said, finding the workers are union-eligible.

Expert Analysis

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

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