Labor

  • June 26, 2024

    Telecom Co.'s Severance Pacts Are Illegal, NLRB Judge Says

    A retail telecommunications company violated federal labor law by having severance agreements with overly broad provisions that bar employees from making negative comments about the business or discussing the accords, a National Labor Relations Board judge ruled Wednesday.

  • June 26, 2024

    Security Firm's Captains At USPTO Denied Union Vote

    Lieutenants and captains employed by the U.S. Patent and Trademark Office's contracted security firm cannot vote on union representation, a National Labor Relations Board official held Wednesday, saying the workers are union-ineligible supervisors.

  • June 26, 2024

    Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence

    Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.

  • June 26, 2024

    IUOE Local Tells Court To Rethink Toss Of Texas Rehire Award

    An International Union of Operating Engineers local asked a Texas federal judge to reconsider his decision nixing an arbitration award that ordered a chemical manufacturer to rehire a worker who claimed a union steward shared confidential information, arguing that the court relied on an inapplicable Fifth Circuit precedent.

  • June 26, 2024

    Workers Axed For Timecards, Not Union Effort, EV Maker Says

    The electric car manufacturer Lucid urged an Arizona federal judge to deny a National Labor Relations Board official's bid for an injunction to make it rehire two fired union supporters, saying the regional director can't show anti-union bias was behind the terminations.

  • June 26, 2024

    ILWU Units Caused Business Disruption, Barge Co. Says

    A barge company urged an Alaska federal judge to reject work preservation arguments from International Longshore and Warehouse Union affiliates, telling the court that the union pursued a grievance over cargo handling work that illegally disrupted the company's business.

  • June 26, 2024

    Production Workers At Del. Music Venue Get OK To Unionize

    Fifteen employees of the Wilmington, Delaware, music venue The Queen may vote on representation by an International Alliance of Theatrical Stage Employees local in July, a National Labor Relations Board official said, finding the workers are union-eligible.

  • June 25, 2024

    Split NLRB Says Plumbing Co. Defied Deal By Snubbing Union

    An Illinois plumbing and fire suppression company violated its settlement with a Plumbers local when it stopped recognizing the union and bargaining for a first contract, a split National Labor Relations Board ruled Tuesday, ordering the company to resume negotiations if the union wishes.

  • June 25, 2024

    NLRB Official Nixes Forging Co.'s Bid For Broader Unit

    Workers in forge and heat treat departments at a California metal manufacturing facility may vote on union representation with a Machinists affiliate, a National Labor Relations Board acting regional director said, tossing the company's attempt to expand the bargaining unit, except for one role.

  • June 25, 2024

    DOL Must Rethink Tossing UAW Member's Election Challenge

    The U.S. Department of Labor must take a second look at a United Auto Workers member's challenge to a union officer election, a Michigan federal judge ruled Tuesday, saying the agency should have weighed in on 30 of the members' objections instead of dismissing them as untimely.

  • June 25, 2024

    Pipefitters Union Wants Out Of Black Worker's Race Bias Suit

    A pipefitters union local asked a Pennsylvania federal judge to dismiss a member's $10 million racial bias lawsuit, saying the worker's employer, not the union, bears responsibility for any racism he experienced on the job.

  • June 25, 2024

    Immigration Org.'s Attys Can Be In Union, NLRB Official Says

    Attorneys at a nonprofit providing immigration legal services may remain in a voluntarily recognized union bargaining unit, a National Labor Relations Board regional director concluded, saying the attorneys are not supervisors who are excluded from unionizing under federal labor law.

  • June 25, 2024

    NJ Says Union Skipped Over Black Workers For Job Referrals

    An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.

  • June 25, 2024

    Wynn Casino Can't Undo Rehiring Of Worker Fired For Slur

    Wynn Resort's Encore Boston Harbor Casino has lost its effort to overturn an arbitrator's decision to reinstate and issue back pay to a call center reservation worker it fired for allegedly calling a Black colleague a racial slur.

  • June 24, 2024

    Ex-Philly Union Head Denied Acquittal On Embezzlement

    A Pennsylvania federal judge has declined to throw out the conviction of John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98, on charges that he stole money from the union to pay for repairs to his home and others' properties.

  • June 24, 2024

    Biden NLRB Chair Under Microscope As Renomination Looms

    National Labor Relations Board chair Lauren McFerran is facing a deluge of attacks following her nomination for another term as management advocates seek to fend off an appointment that could cement Democratic control of the board deep into a possible Republican presidency.

  • June 24, 2024

    Minn. AG Says Biz Groups Can't Topple Captive Meetings Law

    The Minnesota attorney general and other state officials fought off claims from a company and two business groups against a law barring employers from disciplining workers who don't want to listen to so-called captive audience meetings, arguing there isn't an enforcement threat.

  • June 24, 2024

    Teamsters Fund Must Face Pension Conversion Suit

    A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.

  • June 24, 2024

    Judge Blocks Part Of DOL Construction Prevailing Wage Rule

    A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.

  • June 24, 2024

    Junior Leaguers Are Offsides On Antitrust Claims, NHL Says

    The NHL is looking to squash a putative antitrust class action from players in its developmental leagues alleging exploitation and abuse, telling a New York federal court that such disputes over pay and work conditions fall under the league's collective bargaining agreement and are shielded from antitrust scrutiny.

  • June 24, 2024

    NLRB Fights Longshore Union's Work Spat At 9th Circ.

    The National Labor Relations Board defended its decision finding a longshore union unlawfully continued to fight jurisdiction over maintenance work in the Port of Seattle that was awarded to the Machinists, telling the Ninth Circuit that this isn't a work preservation dispute.

  • June 24, 2024

    Amazon CEO's Comments Broke Labor Law, NLRB Attys Say

    The Amazon CEO's decision to state publicly that unionization could damage workers' direct relationship with managers should land the company on the hook for a labor law violation, National Labor Relations Board prosecutors told the board, arguing for a change in precedent on such statements.

  • June 24, 2024

    Justices To Assess Reach Of ADA To Ex-Workers' Benefit Suits

    The U.S. Supreme Court on Monday accepted a retired Florida firefighter's request that it decide whether former employees can lodge discrimination suits under the Americans with Disabilities Act related to post-employment benefits.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

  • June 21, 2024

    Teamsters-Amazon Labor Union Merger Helps Both Parties

    The Amazon Labor Union's recent merger into the Teamsters could help both groups in their fights against Amazon, but they still face uphill battles to reach a labor contract at the company's only unionized warehouse and organize workers elsewhere in the retail giant's sprawling logistics network.

Expert Analysis

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

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