Labor

  • February 28, 2024

    US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says

    The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.

  • February 28, 2024

    NLRB GC Says Bid To Expand Work Rule Remedies Is Coming

    National Labor Relations Board general counsel Jennifer Abruzzo's office is preparing to ask the board to expand the remedies it will order against employers that were found to have maintained unlawful work rules, the board's top prosecutor said Wednesday.

  • February 28, 2024

    Walmart Stifled Mask Rule Complaints, NLRB GC Claims

    National Labor Relations Board prosecutors bolstered a complaint Wednesday accusing Walmart of violating federal labor law by suppressing complaints about its COVID-19 safety rules, claiming the company sent a worker at a South Carolina store home for photographing a maskless manager, the agency announced.  

  • February 28, 2024

    Save Mart Retirees Add To Nonunion Health Benefits Suit

    Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.

  • February 28, 2024

    NLRB Sends Back Medieval Knights Union Ouster Bid

    A regional director must reconsider the dismissal of a Medieval Knights worker's bid to oust a union, the National Labor Relations Board determined Wednesday, saying the agency official should review the case through the lens of a 40-year-old board precedent.

  • February 28, 2024

    Alaska Airlines Says Religion Didn't Factor Into Worker Firings

    Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.

  • February 28, 2024

    NLRB Says Agency Has Jurisdiction Over Mixed-Unit Dispute

    A shipping company unlawfully refused and delayed giving a union requested information, the National Labor Relations Board said, finding the board has jurisdiction over an unfair labor practice spat involving a "mixed" unit of employees and supervisors after the D.C. Circuit remanded the case.

  • February 28, 2024

    NLRB Member Mulls Shorter Contract Bar For Unratified CBAs

    The National Labor Relations Board agreed with its Brooklyn office director that a union decertification petition filed by an employee of a New York City company must be dismissed as untimely, but one board member said he would be willing to review the untimeliness standard in similar future cases.

  • February 27, 2024

    Starbucks, Union Signal Talks On 'Foundational Framework'

    Starbucks and Workers United announced Tuesday that they have agreed to move the needle on talks for a "foundational framework" related to collective bargaining and resolving litigation, saying both sides discussed a "constructive path forward" amid mediation related to a federal trademarks case.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

  • February 27, 2024

    Hogan Lovells Says It Was Barred From Labor Dispute Interviews

    A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations. 

  • February 27, 2024

    Starbucks Says Comments On Union Views Not Defamatory

    Starbucks urged a Pennsylvania federal court to toss claims that it defamed a union by framing it as favoring violence and terrorism, arguing that the challenged statements were expressions of opinion that could not be disproved and thus could not be defamatory.

  • February 27, 2024

    NLRB Official Nixes Bid For Union Ouster Vote At ADT

    A worker with ADT LLC can't move ahead with an effort to oust an International Brotherhood of Electrical Workers local in St. Louis, a National Labor Relations Board regional director determined, finding an ongoing unfair labor practice case over requested information bars the vote from happening.

  • February 27, 2024

    DC Circ. Rejects Hospital's NLRB 'Successor Bar' Challenge

    The D.C. Circuit on Tuesday upheld a National Labor Relations Board decision finding a Puerto Rico hospital unlawfully withdrew recognition from a union after inheriting five bargaining units, rejecting the company's challenge to a board standard blocking employers from withdrawing recognition after acquiring a unionized company's operations.

  • February 27, 2024

    Coffee Shop Fought Work Protest Too Hard, NLRB Judge Says

    A Buffalo, New York-area coffee shop violated federal labor law when its owner responded to employees' lawful protest of workplace conditions by sending her boyfriend to a meeting with the workers to take their keys, a National Labor Relations Board judge has ruled.

  • February 27, 2024

    NLRB Should Overrule Anti-Union Hiring Precedents, GC Says

    Agency prosecutors urged the National Labor Relations Board to overrule four of its precedents in a refusal-to-hire case between a pipefitters union and Georgia manufacturer, calling for a shift in analysis for cases involving alleged discrimination against so-called union salts.

  • February 27, 2024

    Biden's Labor Secretary Nom Clears Senate Committee Again

    Julie Su, President Joe Biden's long-running nominee for labor secretary who has been temporarily serving in the role for the past year, made it through a Senate committee Tuesday, though her fate in the full chamber is uncertain.

  • February 26, 2024

    UAW, Fiat Chrysler Escape Engineers' Bribery Scheme Suit

    The United Auto Workers, Fiat Chrysler and others are off the hook for state fraud and civil conspiracy claims brought by auto engineers in connection to a bribery scheme between union officials and the automaker, a Michigan federal judge ruled Monday, citing a recent Sixth Circuit decision finding related allegations untimely.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Teamsters Tell 7th Circ. Sysco Must Arbitrate Benefits Dispute

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 23, 2024

    Cal State Student Assistants Vote To Unionize

    Student workers at California State University voted to unionize with a Service Employees International Union affiliate, a vote that the union said creates the largest bargaining unit for such workers in the United States.

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

  • February 23, 2024

    NLRB Official OKs Teamsters Vote At Calif. Cannabis Facility

    About 54 employees of a Sacramento, California, facility that stores and delivers cannabis can vote on representation by a Teamsters local, a National Labor Relations Board official ruled, saying the United Food and Commercial Workers' pursuit of representing all the company's California employees doesn't bar the election petition.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.