Labor

  • June 17, 2024

    NLRB Clears Ariz. Solar Co. Of Improper Firing Claim

    An Arizona solar company has beaten back a worker's accusation that he was unlawfully fired for discussing wages with co-workers, with the National Labor Relations Board ruling that the worker actually resigned after he was denied a raise.

  • June 17, 2024

    Starbucks Cleared Over Firing Chicago-Area Lead Organizer

    Starbucks lawfully fired a union supporter who made a negative remark about a customer, a National Labor Relations Board judge concluded while also finding the company did violate federal labor law by telling the worker that they weren't thinking about their family when backing the union.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Starbucks Illegally Fired Ga. Worker, NLRB Judge Says

    Starbucks violated federal labor law when it fired a worker for leading a protest at a recently unionized Augusta, Georgia, cafe, a National Labor Relations Board judge ruled Friday, adding Starbucks also flouted labor law by demanding the worker show the company his communications with Workers United.

  • June 14, 2024

    Labor Says NLRB Should Ditch Joint Employer Rulemaking

    The AFL-CIO and Service Employees International Union have urged the National Labor Relations Board to walk back its 2020 joint employer rule and return to deciding when two linked entities jointly employ the same workers through case adjudication rather than formal rulemaking.

  • June 14, 2024

    Teamsters Local Wants 26-Year-Old Consent Order To End

    A New York City-based Teamsters local asked the Second Circuit to unwind a 1998 consent order instructing the union to stop unlawful strike activity, saying the order is unnecessary after more than a quarter-century of "spotless compliance" by the union.

  • 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.

Expert Analysis

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • 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.

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