Labor

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    Biden Admin Probes Chinese Shipbuilders For Unfair Trade

    The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.

  • April 17, 2024

    Starbucks Threatened Unionizing Hawaii Baristas, NLRB Says

    Starbucks violated federal labor law when it told workers at a Hawaii cafe that they could miss out on a raise and lose the ability to pick up shifts at other stores if they unionized, the National Labor Relations Board held Wednesday, upholding an agency judge's ruling.

  • April 17, 2024

    Amazon Urges NLRB To Reopen Challenge To Union Win

    Amazon asked the National Labor Relations Board to reopen the record in its challenge to a union's representation election win at a Staten Island warehouse, arguing it was prevented from introducing evidence from a recent documentary bolstering its claim that union misconduct tainted the election.

  • April 17, 2024

    2nd Circ. Reopens NLRB Enforcement Row Against Radio Co.

    The Second Circuit will review the National Labor Relations Board's allegations that a radio station operator violated a court's consent judgment enforcing a board decision, with the appeals court appointing a special master to oversee the contempt proceeding.

  • April 17, 2024

    Fox Rothschild Hires Employment Atty In Atlantic City

    Fox Rothschild LLP has added a labor and employment partner with decades of experience in collective bargaining, resolving workplace disputes and risk management to its Atlantic City, New Jersey, office.

  • April 17, 2024

    Meat Biz Says NLRB Is 'Bullying' It In Subpoena Row

    A meatpacking business accused of improperly transferring union work told a New York federal court it shouldn't face fines for withholding some documents from National Labor Relations Board prosecutors, saying the prosecutors don't need them and are "bullying" a small business that "barely survived the pandemic."

  • April 17, 2024

    Ex-Union Leader Wielded 'Financial Ruin' At Jobsite, Jury Told

    Prosecutors told a federal jury Wednesday that ex-Philadelphia labor leader John Dougherty threatened a jobsite manager with "financial ruin" if the man refused to pay his nephew, Gregory Fiocca, despite spotty attendance during the construction of the Live! Casino.

  • April 17, 2024

    School District To Pay $200K To End EEOC Age Bias Suit

    An Illinois school district will pay about $206,000 to bring an end to a U.S. Equal Employment Opportunity Commission suit claiming it capped salary increases for teachers over 45 to dodge increased retirement payments, the agency said Wednesday.

  • April 17, 2024

    NLRB Says Co. Violated Labor Law With Wage Suit Questions

    A chemical manufacturer illegally questioned an employee about his conversations with co-workers and union stewards linked to a wage and hour lawsuit, the National Labor Relations Board concluded, upholding an agency judge's decision about the workers' confidentiality interests.

  • April 17, 2024

    Welch's Rehire Challenge Should Fail, Judge Recommends

    Welch Foods should comply with an arbitrator's order to rehire a Teamsters-represented worker fired for making vulgar comments to a female co-worker, a Pennsylvania federal magistrate judge said, recommending that the district judge toss the company's challenge to the order.

  • April 16, 2024

    NLRB Revives Worker's Union Ouster Bid At Bus Co. Plant

    The National Labor Relations Board reinstated a worker's bid to oust the Communications Workers of America at a bus manufacturing facility in Kentucky on Tuesday, finding the employee made a good faith effort to send signatures for a decertification petition via fax.

  • April 16, 2024

    NLRB Official OKs Teamsters Vote At Food Distributor

    A group of delivery drivers at a United Natural Foods Inc. facility in Florida may vote in a representation election with a Teamsters local, a National Labor Relations Board official determined, saying the company couldn't show that an end to the workers' employment was imminent.

  • April 16, 2024

    Starbucks, Union In Talks To Settle Bargaining Fight

    Starbucks and Workers United are in talks to settle a National Labor Relations Board suit accusing the company of refusing to bargain labor contracts, according to a notice released Tuesday.

  • April 16, 2024

    Chattanooga VW Vote To Test UAW's Ability To Unionize South

    Workers at a Volkswagen facility in Chattanooga, Tennessee, will begin voting this week on whether to be represented by the United Auto Workers, an election that union experts call a key early test of the UAW's ability to organize automakers in the historically union-averse South.

  • April 16, 2024

    Meet The Atty For An Ex-Union Leader Facing His 3rd Trial

    The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different. 

  • April 16, 2024

    Mortgage Co. Fights NLRB GC's Bid For Broad Remedies

    A mortgage lender told the National Labor Relations Board to reject a request from agency attorneys seeking an expansive make-whole remedy for workers who were affected by illegal work rules, arguing that such relief would flout federal labor law.

  • April 15, 2024

    Coal Exec's Widow Seeks Atty Fees After Toss Of $6.5B Suit

    The widow of a bankrupt coal company's former president requested $525,000 in attorney fees and costs Monday after a D.C. federal judge tossed a suit alleging her husband's estate and another business owed a union pension plan $6.5 billion, saying the plan's trustees can afford to pay.

  • April 15, 2024

    Union, Workers Fight Subpoena Order Over NY Starbucks

    Workers United and former Starbucks employees objected to a federal judge's order to comply with a subpoena of communications about workers' sentiments toward the union at a Long Island, New York, store, arguing the company's information bids run counter to workers' confidentiality and privacy rights.

  • April 15, 2024

    2nd Circ. Affirms Telecom Co.'s $13M Union Pension Bill

    The Second Circuit upheld a New York federal court's determination that a telecommunications company owed $13 million in withdrawal liability to a multiemployer pension plan for electrical and contract workers, agreeing Monday with an arbitrator's finding that a construction industry exception didn't apply to the disputed work.

  • April 15, 2024

    Guard Claims Union Kept Her 'In The Dark' About Fees

    An International Guards Union of America affiliate did not give a U.S. Department of Homeland Security employee an audit report on agency fees and kept her "in the dark about its finances," she told a D.C. federal court, arguing the union violated its duty of fair representation.

  • April 15, 2024

    1st Circ. Reopens Fired Whole Foods Worker's BLM Mask Suit

    The First Circuit reinstated a lawsuit accusing Whole Foods of unlawfully disciplining and then firing an employee who wore a Black Lives Matter mask at work, overturning the Amazon-owned supermarket chain's pretrial win.

  • April 15, 2024

    Justices Won't Review Ex-NYC Union Head's Bribery Rap

    The U.S. Supreme Court on Monday declined to take up the appeal of a former New York City union president who was convicted of taking bribes from now-defunct hedge fund Platinum Partners, rejecting a petition that argued his attorney failed to tell him about the trial judge's conflicts of interest.

  • April 12, 2024

    Hospital Asks DC Circ. To Rethink 'Successor Bar' Ruling

    A Puerto Rico hospital on Friday asked the D.C. Circuit to reconsider a February panel decision that upheld the National Labor Relations Board's finding that the hospital unlawfully withdrew recognition from a union, saying it was too deferential to the board's interpretation of federal labor law.

  • April 12, 2024

    Starbucks Warns Of Open 'Floodgates' With NLRB Deference

    Starbucks told the U.S. Supreme Court on Friday that siding with the National Labor Relations Board's arguments about deference to the agency for federal court injunction requests would "open the floodgates" in other ways for deference to federal agencies.

Expert Analysis

  • Musk Ruling A Lesson On Employer Statements About Unions

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    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

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    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

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    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

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    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

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    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.

  • Protecting Workplace Privacy In The New Age Of Social Media

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    The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • Garmon Defense Finds New Relevance As NLRB Stays Active

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    With a more muscular National Labor Relations Board at work, employers should recall that they have access to a powerful yet underutilized defense to state law employment and tort claims established under the U.S. Supreme Court decision in San Diego Building Trades Council v. Garmon, say Alex Meier and Cary Reid Burke at Seyfarth.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • Conducting Employee Investigations That Hold Up In Court

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    A recent Maryland federal court decision, which held that Elite Protective Services failed to provide a worker under internal investigation with protections required by his collective bargaining agreement, highlights important steps employers should take to ensure the conclusions of internal reviews will withstand judicial scrutiny, say attorneys at Venable.

  • Memo Shows NLRB Intends To Protect Race Talk At Work

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    A newly released memo from the National Labor Relations Board advising that discussions of racism at work count as protected concerted activity should alert employers that worker retaliation claims may now face serious scrutiny not only from the U.S. Equal Employment Opportunity Commission, but also the NLRB, says Mark Fijman at Phelps Dunbar.

  • Cannabis Co. Considerations For Handling A Union Campaign

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    As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

  • Handling Severance Pact Language After NLRB Decision

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    Following the National Labor Relations Board’s recent ruling that severance agreements with broad confidentiality or nondisparagement provisions violate federal labor law, employers may want to consider whether such terms must be stripped from agreements altogether, or if there may be a middle-ground approach, says Daniel Pasternak at Squire Patton.

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