Labor

  • 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.

  • January 02, 2025

    Dartmouth Men's Basketball Players End Unionization Push

    The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

  • January 01, 2025

    2025 To Bring Changes To Leadership And Direction Of NLRB

    Major changes are coming to the National Labor Relations Board in 2025 as President-elect Donald Trump takes office, including expected appointments to the board and general counsel's office that could drastically shift the direction of federal labor law.

  • January 01, 2025

    4 Contract Negotiations To Keep An Eye On In 2025

    While it may appear that unions will face the bulk of the headwinds coming toward the collective bargaining landscape in 2025, with the coming change in presidential administration and cooling inflation, experts told Law360 that employers will also be met with uncertainty given the shifting political and economic climate. Here, Law360 explores significant contract negotiations in the new year.

  • January 01, 2025

    NLRB Battleground Shifts To Appeals Courts In 2025

    Last year's hottest labor law issue is poised to get even hotter in 2025 as more courts weigh in on a growing pile of suits challenging the National Labor Relations Board's constitutionality, a development that poses a wide range of outcomes for the labor board and the workers, employers and unions it serves.

  • January 01, 2025

    Gov't Contracts Cases To Watch In 2025

    Federal courts in 2025 are expected to rehear a finding underpinning a high-profile commercial item contracting dispute, to determine the allowability of contentious labor-related clauses in federal contracts, and to decide whether to back the government's aggressive enforcement of cybersecurity regulations.

  • January 01, 2025

    Pa. Cases To Watch In 2025: Climate Change And Skill Games

    President-elect Donald Trump's impending return to the White House casts a new light on certain pending cases in Pennsylvania courts with federal implications, such as a suburban Philadelphia county's climate change claims against oil companies that contend the suits are preempted and the U.S. Department of Justice's entrance into monopoly allegations against University of Pittsburgh Medical Center.

  • December 23, 2024

    NLRB Says Co. Unlawfully Insisted Upon Multiemployer Talks

    A Michigan paving company violated federal labor law by insisting that a union engage in multiemployer bargaining and locking out workers in an effort to force it to do so, the National Labor Relations Board has ruled.

  • December 23, 2024

    3rd Circ. Must Make Newspaper Rescind Changes, NLRB Says

    The National Labor Relations Board asked the Third Circuit to greenlight an injunction against the publisher of the Pittsburgh Post-Gazette involving a yearslong negotiating dispute with a NewsGuild affiliate, seeking compliance with portions of a board decision that required the company to walk back unilateral changes.

  • December 23, 2024

    NLRB Says Starbucks Sought To Stifle 1st Organizing Wave

    The National Labor Relations Board found Starbucks committed a host of labor violations to stem the first wave of union organizing in several Buffalo, New York-area stores three years ago, including firing union backers, promising to improve conditions and shuttering an organizing hub.

  • December 23, 2024

    NLRB Reverses Judge On Rail Union's Duty To Provide Notes

    The National Labor Relations Board reversed an agency judge's finding that a rail workers union breached its duty of fair representation by refusing to show a worker its notes from an investigatory meeting that preceded her firing, saying the union had valid reasons for keeping the notes secret.

  • December 20, 2024

    Federal Unions, Workers Bracing For 2nd Trump Term

    Federal workers and unions are steeling themselves for a second Trump term, anticipating a return of executive orders from the first administration that targeted federal workers' job security and limited the power of labor organizations.

  • December 20, 2024

    NLRB Members Disagree On Remedy In Starbucks Cases

    A pair of National Labor Relations Board judges correctly found that Starbucks illegally fought unionization in Los Angeles and Wichita, Kansas, but the judges overstepped by issuing broad cease-and-desist orders against the company, a split National Labor Relations Board ruled, saying narrow cease-and-desist orders are more appropriate.

  • December 20, 2024

    NLRB Says Co. Couldn't Ask Worker To Remove Union Sticker

    A beverage company engaged in unfair labor practices when it asked a worker to remove a union sticker from his coverall, the National Labor Relations Board ruled, flipping a judge's decision that the company was within its rights because the sticker was a safety hazard.

  • December 20, 2024

    Yellow Corp. Layoff Notices Had Too Little Info, Judge Says

    A Delaware bankruptcy judge has shot down some of trucking company Yellow Corp.'s defenses against claims it failed to give proper notice of more than 25,000 layoffs just before it entered Chapter 11, saying the notices it sent weren't informative enough.

  • December 20, 2024

    Veteran Littler Mendelson Policy Expert Dies At 76

    Michael Lotito, a veteran management-side labor and employment attorney who most recently practiced at Littler Mendelson PC, died Thursday, the firm confirmed.

  • December 20, 2024

    Unionized Starbucks Workers Launch 5-Day Strike

    Starbucks baristas in unionized stores in Los Angeles, Seattle and Chicago have gone on strike, Starbucks Workers United has announced, saying the union plans to spread the strike to other markets across the country between now and Christmas Eve.

  • December 20, 2024

    Florida Orchestra Unlawfully Declared Impasse, NLRB Says

    A Florida symphony orchestra had not reached an impasse during contract negotiations with a musicians union when it imposed its final offer in 2020, the National Labor Relations Board has ruled, overturning the orchestra's win before an agency judge.

  • December 20, 2024

    Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers

    This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.

  • December 19, 2024

    NLRB, Post-Gazette Trade Barbs Over Bad Faith Bargaining

    National Labor Relations Board prosecutors and the Pittsburgh Post-Gazette have squared off in dueling briefs in Pennsylvania federal court over whether the newspaper bargained in bad faith with its workers' unions and whether it should be forced back to the bargaining table.

  • December 19, 2024

    Teamsters Launch Strike In Bid To Force Amazon To Table

    Workers at seven Amazon facilities across the country who have organized with the Teamsters launched a strike against the e-commerce giant Thursday, demanding that the company meet them at the bargaining table.

  • December 19, 2024

    NLRB Says Co. Threatened Worker Over Grievance Win

    A divided National Labor Relations Board panel said that a U.S. Air Force contractor illegally threatened a worker and changed his schedule because he won a hiring grievance, splitting over the strength of a judge's read of witnesses.

  • December 19, 2024

    Hospital Dodged Bargaining Over OT Change, NLRB Says

    A Puerto Rico hospital violated the National Labor Relations Act when it changed how it assigns overtime without bargaining with its workers' union, the National Labor Relations Board ruled, applying a recent precedent shift for evaluating when companies' unilateral changes to employees' working conditions break the law.

Expert Analysis

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

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