Labor

  • 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.

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Starbucks Can't Justify Union Shirt Crackdown, Judge Says

    Starbucks violated federal labor law by sending baristas home for wearing union T-shirts at a Brooklyn cafe, a National Labor Relations Board judge ruled, saying the company can't point to a dress code rule to excuse this behavior because it wasn't otherwise enforcing the rule in the region.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Feds Sue To Recover $5.3M Stolen From Union In Email Scam

    Boston federal prosecutors said Wednesday they are helping a union recover about $5.3 million stolen through a complex business email compromise scheme.

  • June 05, 2024

    NLRB Official Preserves Union At Seattle Ship Repair Co.

    A group of machinist craft employees at a Seattle ship repair facility can't break away from their union and affiliate with a Carpenters local, a National Labor Relations Board official ruled, saying the multi-craft bargaining unit that has represented the facility's employees since the 1970s should remain in place.

  • June 05, 2024

    Mercedes Illegally Drug Tested UAW Backers, Union Says

    The United Auto Workers accused Mercedes-Benz of committing federal labor law violations, including unlawfully drug testing union supporters, at an Alabama plant where the union recently lost a representation election, according to an unfair labor practice charge obtained by Law360 on Wednesday.

  • June 05, 2024

    Public Input On EEOC/NLRB Memo A Must, US Rep. Says

    A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said. 

  • June 04, 2024

    NLRB Judge OKs Hospital's Bonuses For Newly Hired Nurses

    A New York hospital violated federal labor law when it withheld information that its nurses' union requested about recruitment bonuses, but not when it offered those bonuses to a few new hires without discussing it with the union, a National Labor Relations Board judge ruled Tuesday.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    Amazon Union Moves To Fold Into Teamsters Amid Struggles

    The Amazon Labor Union, an independent union representing workers at a warehouse in Staten Island, New York, has taken steps to affiliate with the Teamsters ahead of an election to seat new officers.

  • June 04, 2024

    UC System Plans To Sue Grad Workers' Union Over Strike

    The University of California system is planning to sue its graduate student workers' union over a Gaza-related strike that has spread to five campuses, saying state court is the next step now that a state labor-management relations agency has declined to halt the work stoppage.

  • June 04, 2024

    Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say

    A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."

  • June 04, 2024

    Ogletree Opens 7th California Office In Fresno

    Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.

  • June 04, 2024

    Former Security Co. Worker Sued Union Too Late, Judge Says

    A discharged employee of a Texas security guard firm missed the deadline to sue his union for failing to fight hard enough for his reinstatement, an Arizona federal judge ruled, tossing the suit but giving him another shot to prove he sued on time.

  • June 03, 2024

    5th Circ. Mulls Acts Vs. Belief In Anti-Abortion Worker's Firing

    The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.

  • June 03, 2024

    Workers At Wash. Mushroom Producer OK'd For Union Vote

    A National Labor Relations Board official cleared all full-time and regular part-time employees of an Olympia, Washington, mushroom producer's three facilities to vote on representation by a Laborers local, rejecting the company's challenge to the unit size Monday.

  • June 03, 2024

    5th Circ. Ruling Won't Sink NLRB Remedies Expansion

    The Fifth Circuit's rebuke of the National Labor Relations Board in an appeal involving software company Thryv Inc. will not affect the board's use of the new remedies it announced in the case, experts said, though it could signal trouble if a future challenge to the remedies comes to the appeals court.

Expert Analysis

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Prepare Now To Comply With NJ Temp Worker Law

    Author Photo

    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.