Labor

  • July 01, 2024

    'Unsecured' Ballot Box Justifies Nixing Vote, Co. Tells DC Circ.

    A building management services company fought the certification of an International Union of Operating Engineers local at the D.C. Circuit on Monday, claiming a National Labor Relations Board agent left the ballot box "unsecured and unattended" during a representation election.

  • July 01, 2024

    ACLU, NLRB Prosecutors Clash Over Outspoken Atty's Firing

    National Labor Relations Board prosecutors and the American Civil Liberties Union filed dueling briefs in a board challenge to an ex-policy attorney's firing, with prosecutors claiming she was fired for speaking out about bad bosses and the group claiming she relentlessly smeared Black supervisors.

  • July 01, 2024

    Amazon Tells NLRB Its Union Banner Ban Should Pass Muster

    The National Labor Relations Board should find that Amazon lawfully barred a pro-union banner in the breakroom at a Staten Island, New York, facility, the e-commerce giant argued, disputing an agency judge's conclusions of federal labor law violations and credibility findings for union salts.

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

  • July 01, 2024

    Starbucks Can't Bar 'Union Strong' On Cup, NLRB Judge Says

    Starbucks violated federal labor law by enforcing a rule that barred workers from putting messages like "union strong" on customers' cups during a "sip-in" action, a National Labor Relations Board judge ruled, saying the policy could dissuade a reasonable worker from participating in union activities.

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • 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.

Expert Analysis

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 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.

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