Labor

  • 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."

  • June 07, 2024

    NLRB Asks Judge To Make Auto Co. Rehire Union Organizers

    An Arizona electric car manufacturer quashed a nascent union organizing campaign by monitoring two leaders of the drive and then firing them when they persisted, National Labor Relations Board prosecutors claimed in a lawsuit that asks a federal judge to order the company to rehire the workers.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    NFL Says Labor Law Preempts Ex-Player's Estate's CTE Claim

    The National Football League isn't to blame for a former football player's head trauma, the league told a South Carolina federal judge, arguing federal labor law preempts a negligence claim from a representative of the ex-player's estate.

  • June 06, 2024

    MLBPA Says Bad Bunny Sports Firm Hurt By Its Own Actions

    The Major League Baseball Players Association told a Puerto Rico federal judge that the sports agency linked to music superstar Bad Bunny has grossly overstated the impact it had on the business, arguing it is the agency's actions, not the association's "unreasonable sanctions," that caused injury.

  • June 06, 2024

    Workers Ask NLRB To Reverse Whole Foods BLM Case Ruling

    Wearing Black Lives Matter apparel at Whole Foods is protected under federal labor law, a group of workers argued to the National Labor Relations Board, saying employees wore BLM masks and attire on the job to push the company to confront racial bias in the workplace.

  • June 06, 2024

    NLRB Official Dismisses Union Petition At Conn. Nightclub

    A National Labor Relations Board official has tossed a petition for a union representation election at a New Haven, Connecticut, nightclub, saying some of the workers the union sought to represent are security guards who cannot share a bargaining unit with nonguards.

Expert Analysis

  • 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.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Labor Trends To Watch In Warehousing And Distribution

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    Employers in the warehousing and distribution sector should prepare for major National Labor Relations Board updates this year that will likely increase their exposure to unfair labor practice charges and make it easier for workers to unionize, say Laura Pierson-Scheinberg and Lorien Schoenstedt at Jackson Lewis.

  • Musk Ruling A Lesson On Employer Statements About Unions

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    A recent Fifth Circuit decision in Tesla v. National Labor Relations Board found that Elon Musk's 2018 tweets threatened employees at the company amid a unionizing campaign, reminding employers that communicating public statements about union organizing should be rooted in facts, says Daniel Handman at Hirschfeld Kraemer.

  • Cannabis Labor Peace Laws Lay Fertile Ground For Unions

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    State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

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