Labor

  • July 10, 2024

    SpaceX Anti-NLRB Crusade Advances As Judge Grants Block

    A Texas federal judge on Wednesday blocked a National Labor Relations Board suit accusing SpaceX of suppressing workers' rights while he weighs the rocket maker's claims that the prosecution is unconstitutional, according to a docket notice.

  • July 10, 2024

    Carmaker's Discovery Request Narrowed In NLRB Dispute

    An Arizona federal judge cleared an electric car manufacturer to move forward with the discovery process in an injunction dispute with the National Labor Relations Board, holding that the company can request some but not all of its workers' communications with union representatives.

  • July 10, 2024

    Starbucks Questions NLRB Constitutionality After ALJ Ruling

    Starbucks fought an agency judge's ruling over the termination of a union supporter in Michigan with claims that the National Labor Relations Board's structure violates the U.S. Constitution, challenging removal protections for board members and administrative law judges.

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    Pittsburgh Paper Bargained In Bad Faith, NLRB Judge Says

    The Pittsburgh Post-Gazette violated federal labor law by pursuing proposals in contract negotiations that would tread on its advertising department workers' rights, a National Labor Relations Board judge ruled, issuing a bargaining order against the newspaper.

  • July 10, 2024

    NLRB Outburst Order Violated Due Process, 5th Circ. Says

    The National Labor Relations Board must reconsider its decision changing the analysis of whether worker outbursts are protected under federal labor law, the Fifth Circuit ruled, finding the board violated a company's due process rights by not hearing its arguments prior to the precedent shift.

  • July 10, 2024

    Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • July 10, 2024

    Keurig Dr. Pepper Sent Mass Anti-Union Texts, Workers Say

    Keurig Dr. Pepper has been accused in Illinois state court of sending mass anti-union text messages to the personal cellphone numbers of its factory workers, in violation of their privacy.

  • July 10, 2024

    $6B Yellow Corp. Pension Fund Fight Set For August Hearing

    A Delaware bankruptcy judge said Wednesday he would schedule a hearing in August to resolve competing motions for summary judgment on Yellow Corp.'s objection to several pension plans' claims for more than $6 billion in retirement-fund withdrawal liability.

  • July 09, 2024

    6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight

    The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.

  • July 09, 2024

    Trader Joe's Fired Worker For Raising Complaints, NLRB Says

    The National Labor Relations Board ordered Trader Joe's on Tuesday to rehire a worker who was fired after raising concerns about COVID-19 safety, benefits and other issues, affirming a judge's ruling that the company acted to rid itself of a "squeaky wheel" and not because co-workers complained about her.

  • July 09, 2024

    DC Circ. Dings NLRB's Analysis In Pot Co.'s Certification Fight

    The National Labor Relations Board must explain why it applied one legal test over another when analyzing whether a union representation election at a Chicago cannabis dispensary was fair, the D.C. Circuit said Tuesday, sending the dispensary's challenge to union certification back to the board.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    NLRB Official Says Carmaker's Union Info Request Is Invasive

    An electric car manufacturer is overreaching by soliciting communications between a union and its workers in an injunction dispute with a National Labor Relations Board official, the agency told an Arizona federal judge, asking her to deny the company's request for third-party document production.

  • July 09, 2024

    No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case

    A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.

  • July 09, 2024

    NLRB Asks High Court Not To Touch Union Animus Standard

    The Ninth Circuit correctly enforced a National Labor Relations Board decision ordering a hotel to rehire more than 100 union-represented workers, the agency told the U.S. Supreme Court, asking it to uphold the ruling and reject the hotel's challenge to the evidence standard for proving anti-union animus.

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-NLRB Atty Rejoins Ogletree After In-House Stint

    After a busy month of expansion, management-side labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it is welcoming a shareholder back to the firm following his in-house stint with wholesale grocery distributor UNFI.

  • July 08, 2024

    UAW Monitor Says Union Must Turn Over Docs

    The court-appointed monitor overseeing the United Auto Workers' compliance with a 2021 consent decree that resolved a corruption probe told a Michigan federal judge Monday that the union cannot withhold certain documents from him, saying the consent decree doesn't entitle the union to confidentiality.

  • July 08, 2024

    NEA Locks Out Staff Union After Strike During Annual Meeting

    The National Education Association locked out employees represented by a staff union Monday after workers were on the picket line for three days during an annual meeting of the national organization.

  • July 08, 2024

    Mass. Court Tosses School Nurses' Breaks Suit

    A Massachusetts appeals panel kept a trial court's decision tossing two school nurses' suit claiming unpaid meal breaks, saying the duo was paid for the breaks they spent while remaining on school grounds.

  • July 08, 2024

    Judge Rightly Axed Guard's Bias Claim, Union Tells 6th Circ.

    An Ohio federal judge properly dismissed a fired white female prison guard's claim that her union failed to fight as hard for her reinstatement as it did for the Black male guard fired alongside her, the union told the Sixth Circuit, saying her claims lack merit.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    DC Circ. Supports NLRB Order Against Puerto Rico Hospital

    The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.

  • July 08, 2024

    5 Labor Battles To Watch In 2024's 2nd Half

    The second half of the year will feature action in several cases with major implications for the labor law landscape, including SpaceX's suits seeking to gut the National Labor Relations Board and a board case that could extend organizing rights to college athletes. Here, Law360 looks at these and other cases to watch in the second half of 2024.

Expert Analysis

  • A Look At Global Employee Disconnect Laws For US Counsel

    Author Photo

    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

    Author Photo

    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

    Author Photo

    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • What A Post-Chevron Landscape Could Mean For Labor Law

    Author Photo

    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

    Author Photo

    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

    Author Photo

    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

    Author Photo

    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

    Author Photo

    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

    Author Photo

    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

    Author Photo

    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

    Author Photo

    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

    Author Photo

    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

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