Labor

  • January 08, 2025

    Post-Gazette Contract Offers Were Bogus, Union Atty Testifies

    Offers the Pittsburgh Post-Gazette's publisher made to production employees' unions would have taken workers backwards or left them worse off than if they had no contracts at all, an attorney for the union testified Wednesday as part of the National Labor Relations Board's bid to force the parties back to bargaining.

  • January 08, 2025

    Welch's Asks 3rd Circ. To Nix Alleged Harasser Rehire Order

    Welch's is asking the Third Circuit to undo a September order from a Pennsylvania judge requiring it to rehire a worker fired for allegedly sexually harassing a co-worker, saying the labor arbitrator who issued the decision failed to make a clear finding of fact both initially and on remand.

  • January 08, 2025

    NJ Marriott Hotel Operator Must Rehire Union Supporters

    The operator of a Marriott hotel in New Jersey must reinstate the six union supporters it fired in 2023 and bargain with the Hotel and Gaming Trades Council, a New Jersey federal judge has ruled, granting a National Labor Relations Board official's petition for an injunction. 

  • January 08, 2025

    NLRB Judge OKs Apple's Firing Of Mass-Emailing Engineer

    Apple was within its rights under federal labor law to terminate a California-based software engineer who raised concerns about her workplace in mass emails, a National Labor Relations Board judge ruled, saying the worker wasn't bringing complaints on behalf of other employees.

  • January 07, 2025

    Amazon's Internal Posting Rules Are Illegal, NLRB Judge Says

    Amazon unlawfully maintained rules restricting workers' communications on an internal digital whiteboard, a National Labor Relations Board judge concluded Tuesday, ordering the e-commerce giant to post a notice at facilities nationwide where the platform was used.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    3rd Circ. NLRB Remedy Rejection May Aid Unions On Defense

    A recent Third Circuit opinion rejecting the National Labor Relations Board’s imposition of heightened remedies on employers may also provide unions a hidden benefit by limiting labor organizations’ liability when they're the ones in the board's sights, as may happen more often in President-elect Donald Trump’s second term.

  • January 07, 2025

    End Of McFerran's Term Warrants New NLRB Order, Cos. Say

    The National Labor Relations Board must reconsider a decision it released after former Chairman Lauren McFerran's term expired last month, two electrical contractors argued, alleging the order that revived union election petitions can't stand.

  • January 07, 2025

    Amazon Fights Claims Of Retaliation Against Worker Protest

    Amazon placed a former employee on a performance improvement plan not to punish her for co-organizing a walkout but because she struggled in her role, the company told a National Labor Relations Board judge, requesting dismissal of board prosecutors' claims of retaliation against the worker.

  • January 06, 2025

    Wash. Labor Dept. Escapes Union's Farm Wage Challenge

    A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    Pa. Paper Fights NLRB's 'Rare' Injunction Bid At 3rd Circ.

    The publisher of the Pittsburgh Post-Gazette challenged the National Labor Relations Board's "rare" injunction motion to make it bargain with a union and rescind unilateral changes to healthcare benefits, telling the Third Circuit that the newspaper lawfully asserted an impasse in talks.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    NLRB GC Details Changes To Casehandling Processes

    The National Labor Relations Board's top prosecutor explained Monday what case handling modifications the agency has made during her tenure, such as giving questionnaires to charging parties and attempting to resolve cases before initiating investigations, while outlining upcoming changes to how docket information can be accessed.

  • January 06, 2025

    Tool Co.'s Labor Subpoenas Were Illegal, NLRB Judge Says

    An Indiana tool company used National Labor Relations Board litigation against it as an opportunity to pry into two former employees' union activity, a NLRB judge has ruled, finding the company served the workers with invasive subpoenas during the discovery phase of the case.

  • January 03, 2025

    Google Accused Of Refusing To Bargain With Contractor Unit

    National Labor Relations Board prosecutors have accused Google of violating a duty to bargain with unionized workers at one of its contractors, teeing up a challenge to an official's ruling that the tech giant is the workers' joint employer.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Calif. Captive Audience Meeting Ban Hit With Legal Challenge

    Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 03, 2025

    NLRB Official Approves Union Vote At W.Va. Health Center

    Workers at a West Virginia nonprofit behavioral health center for adults with intellectual disabilities can vote on union representation, a National Labor Relations Board official ruled, rejecting the nonprofit's argument that the union should also include workers at two other facilities in the state.

  • January 02, 2025

    9th Circ. Revives Cos.' Suit Over Unions' SeaWorld Lobbying

    The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.

  • January 02, 2025

    9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight

    The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.

  • January 02, 2025

    NLRB Judge Says Employment Pact Case Hit Wrong Employer

    A National Labor Relations Board judge has recommended dismissing a case accusing a New York City hospital system of including unlawful language in its employment contracts, saying agency prosecutors did not show that the hospital system employs the part-time physicians at issue in the case.

  • January 02, 2025

    Saxton & Stump Adds Employment Atty In 2-Pronged Position

    A veteran employment attorney will pull double duty in her new role at Saxton & Stump as part of the Pennsylvania-based firm's employment team and as an adviser for its affiliate human resources consulting company.

Expert Analysis

  • 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.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

  • NLRB GC Brief Portends Hefty Labor Law Transformation

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    In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Joint Employer Considerations After NLRB's Google Ruling

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    Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Employer Use Of Electronic Monitoring Is Not An OSHA Issue

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    A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.

  • Takeaways From NLRB's New Workplace Rule Standards

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    Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

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