Labor

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Biden Vetoes Joint Employer Rule Disapproval

    President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure. 

  • May 03, 2024

    Social Media Policy Lawful Under Old Test, NLRB Judge Says

    A National Labor Relations Board judge said a home remodeler's social media policy violated federal labor law under the board's revised standards, but nonetheless tossed a worker's challenge to the policy because it's unfair to apply the new standard retroactively.

  • May 03, 2024

    Walkout Played Role In NYC Server's Firing, NLRB Judge Says

    A New York City waiter's participation in a staff walkout partially motivated his managers' decision to fire him about three months later, a National Labor Relations Board judge has ruled, deeming the firing illegal and ordering the restaurant to rehire him with back pay.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    Waste Co.'s Raise Memo Tainted Union Vote, Split NLRB Says

    A split National Labor Relations Board has upheld an agency judge's decision to greenlight a redo of a union representation election at a New Jersey waste management company, finding the company tainted the first election by creating the impression that the union's presence was interfering with an upcoming raise.

  • May 02, 2024

    Union Abandoned Suspended Members, Musicians Say

    Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.

  • May 02, 2024

    5th Circ. Pauses NLRB Suit Against SpaceX Amid New Appeal

    A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.

  • May 02, 2024

    NLRB Says Starbucks Withheld Info About NJ Store Closures

    Starbucks violated federal labor law by delaying its response to Workers United's request for information about temporary closures of a New Jersey store, the National Labor Relations Board ruled Thursday.

  • May 02, 2024

    NLRB Affirms Dismissal Of Starbucks Union Ouster Bids

    The National Labor Relations Board backed dismissals of decertification petitions from Starbucks workers at two stores, with the board's lone Republican member noting the consideration of delays in processing unfair labor practice cases when weighing the toss of ouster bids.

  • May 02, 2024

    NC Dems Propose Axing At-Will Work In Workers Rights Bill

    North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.

  • May 02, 2024

    NLRB Judge Says Kaiser Broke Law With Restraining Order

    Kaiser Permanente violated federal labor law by getting a restraining order against a longtime building engineer who helped lead a 2021 strike, calling the police when he showed back up to the picket line and ultimately firing him, a National Labor Relations Board judge ruled.

  • May 01, 2024

    NLRB Dings Amazon CEO Over 'Better Off Not' Unionizing Talk

    Amazon CEO Andy Jassy violated federal labor law by making public predictions that workers looking to unionize would be "better off not doing so," a National Labor Relations Board judge ruled Wednesday, but determined Jassy's comments that unionization would change workers' relationship with the company were lawful.

  • May 01, 2024

    Trader Joe's Must Pay Fees To Union After 'Meritless' TM Suit

    A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."

  • May 01, 2024

    5 Benefits Appellate Arguments To Watch In May

    The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.

  • May 01, 2024

    Mich. Hospital Aided SEIU Ouster Bid, NLRB Attys Say

    National Labor Relations Board attorneys requested a federal court injunction to make a Michigan hospital bargain with a Service Employees International Union affiliate, alleging the hospital aided decertification efforts and withdrew recognition from the union.

  • May 01, 2024

    Worker's Back Pay Is Shell's Issue, New Refinery Owner Says

    An energy company that took over a Shell oil refinery isn't liable for back pay owed to a worker wrongly fired before the sale, the company told a Washington federal judge, saying it didn't absorb Shell's legal obligations.

  • May 01, 2024

    Pa. Court Upholds University Cop's Firing Over Racist Posts

    A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.

  • May 01, 2024

    Closed Hotel Co. Says Old NYC Severance Law Inapplicable

    The former operator of a shuttered Marriott hotel in Manhattan asked a New York federal judge to stop the city from using a now-ineffective severance law to force it to pay $6 million to a hotel workers union, saying it satisfied its closure-related obligations through a previous $12 million payment.

  • May 01, 2024

    NLRB Judge Seeks Cause In Starbucks, Union Postpone Bid

    A National Labor Relations Board judge asked agency prosecutors Wednesday to show cause related to a request from Starbucks and Workers United to postpone hearing dates this month over refusal to bargain claims, while the parties mention ongoing talks to settle board litigation.

  • May 01, 2024

    SpaceX Again Asks 5th Circ. To Step Into NLRB Challenge

    SpaceX called on the Fifth Circuit Wednesday to freeze a National Labor Relations Board hearing scheduled for Thursday afternoon, saying in its second trip to the appeals court that it will suffer irreparable harm if the administrative suit proceeds before the agency it claims is unconstitutional.

Expert Analysis

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • Steps For 'Boys Markets' Relief For Unlawful Union Strikes

    Excerpt from Practical Guidance
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    Tony Torain at Polsinelli offers employers a practical guide to applying for injunctive relief when faced with unlawful union strikes, using principles based on the 1970 U.S. Supreme Court decision in Boys Markets v. Retail Clerks Union.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

  • Don't Ignore NLRA When Using Employee Resource Groups

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    Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.

  • My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • How The NLRA May Slow Down The FAST Act

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    California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

  • Cos. Must Consider Union Vs. Nonunion Employee Treatment

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    The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.

  • How NLRB Status Quo Rule Change Affects Employers

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    In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.

  • Company Considerations For Cash Award Incentives: Part 2

    Excerpt from Practical Guidance
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    Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.

  • Why Minor League Labor Negotiations Will Be Complicated

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    Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

  • Alternatives For Employers Considering Workforce Reduction

    Excerpt from Practical Guidance
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    Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

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