Labor

  • August 20, 2024

    Calif. Teamsters Ex-Official Can Pursue Retaliation Claims

    A California federal judge said she can't oversee claims that Teamsters Local 150's process for nominating and electing officials is "rigged to crush dissent," but she can oversee a former official's claim that he was excluded from a slate of candidates as retaliation for critiquing a colleague, the judge ruled Tuesday.

  • August 20, 2024

    NLRB Official OKs UAW Vote At Reentry Services Nonprofit

    Attorneys and other staff at a nonprofit providing legal services to people leaving prison can vote on whether they want a United Auto Workers affiliate to represent them, a National Labor Relations Board regional director concluded, nixing the organization's claims that some employees are supervisors who can't unionize.

  • August 20, 2024

    NLRB's Damages Remedy Bid Unconstitutional, Nexstar Says

    Nexstar Media Group Inc. called for an Ohio federal court Tuesday to pause National Labor Relations Board proceedings against it involving an Ohio television station, alleging the agency's pursuit of consequential damages without a jury trial violates the Seventh Amendment.

  • August 20, 2024

    NLRB Official Says Facts Are Solid In Hospital Injunction Fight

    A National Labor Relations Board official is fighting the claim that her request for an injunction compelling a Michigan hospital to resume recognizing a union is light on evidentiary support, saying the hospital's attempt to contest the facts of the case falls flat.

  • August 20, 2024

    7th Circ. Reverses Sysco Win Over Teamsters Grievance

    The Seventh Circuit ordered arbitration Tuesday of a grievance over early retirement benefits that Sysco Indianapolis LLC wanted to be heard in federal court, reversing a trial judge who concluded the dispute was governed by terms outside the bargaining agreement.

  • August 20, 2024

    NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims

    The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.

  • August 20, 2024

    NRTW-Repped Worker Challenges Labor Board's Structure

    A worker represented by the National Right to Work Foundation asked a D.C. federal judge to pause his unfair labor practice case against his union while he challenges the National Labor Relations Board's structure, placing another constitutional challenge atop a growing pile faced by the agency.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 19, 2024

    Hospital Says NLRB Injunction Bid Relies On Disputed Facts

    A National Labor Relations Board official's request for an injunction compelling a Michigan hospital to resume recognizing a Service Employees International Union affiliate is short on uncontested facts and heavy on pressure to adopt the official's findings, the hospital argued Monday, urging a federal judge to deny the request.

  • August 19, 2024

    17,000 AT&T Workers On Strike Across Southern States

    Thousands of unionized AT&T workers in the Southeast are still on the picket line after beginning a strike last week, the Communications Workers of America announced Monday, alleging the company hasn't bargained in good faith.

  • August 19, 2024

    NLRB Official OKs Vote To Expand Planned Parenthood Union

    The lead clinicians at a group of Planned Parenthood facilities in Northern California can vote on representation by the Service Employees International Union local that represents their colleagues, a National Labor Relations Board official said Monday, rejecting the nonprofit's argument that the workers are union-ineligible supervisors.

  • August 19, 2024

    Builders Want 6th Circ. Nix Of NLRB Captive Meeting Memo

    The National Labor Relations Board general counsel's memorandum saying so-called captive audience meetings are unlawful is a "censorship scheme," the Associated Builders and Contractors of Michigan argued to the Sixth Circuit, seeking reversal of a lower court ruling that tossed the group's First Amendment claims.

  • August 19, 2024

    NLRB Won't Reverse Union's Win At Hot Dog Co.

    Workers at a Chicago-area hot dog production facility can continue to be represented by the Iron Workers, the National Labor Relations Board ruled, rejecting their employer's challenge to the union's 28-20 win in a representation election last year.

  • August 19, 2024

    DTE Energy Looks To Sink Workers' Login Pay Suit

    Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.

  • August 16, 2024

    Harris' Surge Renews Labor Advocates' White House Hopes

    Vice President Kamala Harris' emergence as the Democrats' nominee for president has drawn the race to a dead heat, easing labor advocates' worries of former President Donald Trump retaking the White House and frustrating management's hopes for a quick return to pro-business labor policies.

  • August 16, 2024

    Feds Drop Extortion Case Against Convicted Ex-Labor Leader

    Federal prosecutors want to dismiss their extortion case against former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement and sentenced to six years in prison, but whose trial on charges related to allegedly threatening a contractor ended with a hung jury.

  • August 16, 2024

    Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit

    A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.

  • August 16, 2024

    Judge Bounces Bad Bunny Sports Agency Suit To Arbitration

    The sports agency linked to music megastar Bad Bunny must arbitrate its dispute over certification of its agents with the Major League Baseball Players Association, after a Puerto Rico federal judge ruled the union's arbitration language is valid.

  • August 16, 2024

    6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row

    The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.

  • August 16, 2024

    UAW Defends Handling Of Grievance In Race Bias Lawsuit

    The United Auto Workers asked an Ohio federal judge to toss a Black member's claim that the union insufficiently fought his discharge from Howmet Aerospace Inc. because of his race, saying the worker failed to show the union unfairly handled the firing grievance.

  • August 16, 2024

    Calif. Forecast: Liberty Mutual $3M Deal Up For Approval

    In the coming week, attorneys should keep an eye out for potential final approval of a $3.125 million settlement in a wage and hour class action against Liberty Mutual. Here's a look at that case and other labor and employment matters coming up in California.

  • August 16, 2024

    New Union Vote Isn't Justified At BJ's Store, NLRB Judge Says

    Statements from management at a BJ's Wholesale Club Inc. store in Brooklyn during a union drive do not warrant a rerun election, a National Labor Relations Board judge concluded, saying the comments hadn't spread to other workers in the bargaining unit.

  • August 16, 2024

    Breaks In Union Work Axed Mechanic's Pension, Judge Says

    A longtime mechanic forfeited his union pension by taking two multi-year breaks from accepting union-covered work, an Illinois federal judge ruled, siding with a union pension fund in its dispute with the mechanic over his pension eligibility.

  • August 16, 2024

    NY Forecast: 1st Hearing In Hotel Bid To End Union Deals

    A New York City hotel and hospitality workers' union are scheduled to appear before a New York federal judge for the first time as part of the hotel's lawsuit seeking to end ongoing agreements the union struck with a previous owner.

Expert Analysis

  • 3 Areas Of Focus In Congressional Crosshairs This Year

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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.

  • NLRA Expansion May Come With Risks For Workers

    Author Photo

    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

    Author Photo

    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

    Author Photo

    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

    Author Photo

    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

    Author Photo

    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

    Author Photo

    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

    Author Photo

    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

    Author Photo

    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

    Author Photo

    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
    Author Photo

    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

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