Labor

  • June 14, 2024

    Starbucks Bypassed Union Over Cut Hours, NLRB Judge Says

    Starbucks unlawfully slashed scheduled work hours for shift supervisors at a Pennsylvania store without giving a Teamsters local the chance to bargain, a National Labor Relations Board judge ruled, saying the company didn't show that it had a past practice of cutting these hours.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    NLRB Rejects Columbia's Challenge To Union Composition

    Columbia University's student worker union includes those who logged fewer than 15 hours per week, the National Labor Relations Board ruled Friday, rejecting the university's argument that the United Auto Workers local should exclude them.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 13, 2024

    Co.'s Noncompete Is 'Ridiculously Broad,' NLRB Judge Says

    A heating and air conditioning installation company in Indiana violated federal labor law by making workers sign an employment agreement with a noncompete, a National Labor Relations Board judge ruled Thursday, calling the provision "ridiculously broad in scope."

  • June 13, 2024

    3 Takeaways As Justices Standardize 10(j) Injunction Test

    The U.S. Supreme Court made it tougher Thursday for the National Labor Relations Board to win temporary injunctions to stop unfair labor practices, rebuking the notion that judges should go easier on the agency than they do other injunction seekers. Here, Law360 looks at three takeaways from this term's biggest labor decision.

  • June 13, 2024

    Bill Banning College Athletes As Workers Gets Committee Nod

    A U.S. House of Representatives panel on Thursday moved new legislation that would prohibit classifying student-athletes as employees of any institution, conference or association to the floor for a vote, as the bill's sponsor pushed back at what he described as the influence of big labor.

  • June 13, 2024

    NLRB Official Approves Union Vote At St. Louis Nonprofit

    Workers at a nonprofit human services agency in St. Louis can vote on representation by a Communications Workers of America local, a National Labor Relations Board official has ruled, siding with the local on what the bargaining unit will look like if the union wins the election.

  • June 13, 2024

    NLRB Says NY Administrative Law Judge Office Will Close

    The National Labor Relations Board said Thursday that the agency will close its New York City office of administrative law judges in July and transfer pending cases to Washington, D.C. 

  • June 13, 2024

    2 Firms Seek Lead Roles In Suit Over Shuttered Philly College

    Attorneys from Philadelphia-area law firms Edelson Lechtzin LLP and Willig Williams & Davidson have asked for appointment as interim co-lead counsel for a potential class of former University of the Arts employees who say the school's sudden closure violated federal statutes.

  • June 13, 2024

    NLRB Pauses Guard Vote Over Union Intervention Bid

    The National Labor Relations Board has granted a Service Employees International Union local's request to stay a representation election at a New York security company, indicating its willingness to consider whether the local was improperly excluded from the running and whether case law from 1984 should stand.

  • June 13, 2024

    NLRB Judge Dings Starbucks' Rule On Being Respectful

    Starbucks illegally maintained a policy telling workers to communicate in a professional and respectful way, a National Labor Relations Board judge ruled, finding the coffee chain hadn't shown how the rule furthered its business interests.

  • June 13, 2024

    Supreme Court Tightens NLRB Injunction Test

    The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.

  • June 12, 2024

    NLRB Chair Attacked At House Hearing As Nom Fight Looms

    Republican members on a U.S. House of Representatives labor subcommittee teed off on the National Labor Relations Board's direction under Democratic Chairman Lauren McFerran at a hearing Wednesday as their counterparts in the U.S. Senate consider her recent nomination for a third term.

  • June 12, 2024

    5th Circ. Won't Halt SpaceX Appeal In Case Challenging NLRB

    The Fifth Circuit said Wednesday that it will continue weighing whether a Texas federal judge must pause an administrative suit against SpaceX from proceeding before the National Labor Relations Board, amid the company's constitutional challenge to the agency's structure.

  • June 12, 2024

    SEIU Unit On Hook For $6M In HCA Healthcare Strike Dispute

    An arbitrator has found a Service Employees International Union affiliate liable for more than $6 million in damages for replacement worker costs from a strike, a California hospital said Wednesday, while a union representative told Law360 that the decision is "outrageous and unprecedented."

  • June 12, 2024

    Home Depot Asks To Settle Claim It Shushed Worker On Probe

    Home Depot reached a proposed settlement to an allegation that it violated federal labor law by telling a Minneapolis worker to keep quiet about the company's investigation into his claims of racist treatment by a coworker, according to paperwork presented to a National Labor Relations Board judge.

  • June 12, 2024

    Massachusetts Pot Shop To Take Union Fight To 1st Circ.

    A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.

  • June 12, 2024

    Union Ignored Dues Authorization Revocations, NLRB Says

    A security guards union violated federal labor law by continuing to collect dues from certain guards at the Federal Communications Commission building in Washington, D.C., after they revoked the union's authorization to do so, the National Labor Relations Board ruled.

  • June 12, 2024

    2nd Circ. Partially Nixes Injunction Over Amazon Firing

    The Second Circuit vacated on Wednesday a New York federal judge's order barring Amazon from firing workers for engaging in union activity, saying the judge did not explain why she imposed the broad prohibition while at the same time finding the company did not have to rehire a fired union activist.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    NCAA Settlement Could Aid Athletes' Employee Status Push

    A landmark settlement the NCAA announced in May in an antitrust class action brought by former college athletes reportedly sets a path for schools to share revenue with players, and experts said it could bolster active efforts to deem college athletes employees under federal labor law.

  • June 11, 2024

    Teamsters Unit Was 'Colluding With UPS,' Worker Says

    A UPS worker accused a Teamsters affiliate in Illinois federal court of violating its fair representation duty by "colluding" with the shipping giant to slash his hours and pay him incorrectly while also alleging that the company retaliated against him for an unfair labor practice charge.

  • June 11, 2024

    NLRB Election Notice Tainted Union Vote, Dispensary Argues

    A Phoenix cannabis dispensary asked the D.C. Circuit to reverse a National Labor Relations Board order compelling the company to recognize a United Food and Commercial Workers local, saying the board shouldn't have certified the union because of an issue with the election notice.

  • June 11, 2024

    Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 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.

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