Labor

  • 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

    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.

  • December 19, 2024

    NLRB Urges DC Circ. To Affirm Finding Of Hospital's Bad Faith

    The National Labor Relations Board urged the D.C. Circuit on Thursday to affirm a ruling that George Washington University Hospital sabotaged negotiations by insisting on unreasonable contract terms and illegally rebuked the union after workers soured on its progress toward a deal.

  • December 19, 2024

    Dinsmore Adds Labor And Employment Duo In Denver

    Dinsmore & Shohl LLP has hired two labor and employment attorneys in Denver from a firm one of those attorneys helped found, the firm announced Wednesday.

  • December 18, 2024

    Janitors' Picket Was Legal, NLRB Says On 2nd Go-Round

    Janitors at a San Francisco commercial building didn't engage in a secondary boycott when they picketed outside their work location, the National Labor Relations Board ruled in a case on remand from the Ninth Circuit, departing from a Trump-era board ruling.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    Black Worker Says UPS, Teamsters Engaged In Discrimination

    A UPS worker told a Mississippi federal court that a supervisor repeatedly made references to slavery and discriminated against him because he is Black and that an International Brotherhood of Teamsters local discouraged him from pursuing his discrimination claims.

  • December 18, 2024

    NLRB Says Starbucks Illegally Axed Worker Who Opened Mail

    Starbucks violated federal labor law by firing a worker at a New York store during a unionization campaign, the National Labor Relations Board ruled, reversing an agency judge's finding that the company fired the worker because he opened a letter from the board.

  • December 18, 2024

    IAM Elevates Longtime HR Counsel To Associate GC

    The International Association of Machinists and Aerospace Workers announced that the union's longtime director and counsel for human resources will be elevated to the role of associate general counsel at the start of 2025.

  • December 18, 2024

    DEI Attacks, Hybrid Work, Paid Leave: 2024's Workplace Shifts

    Over the past year, challenges to employers' diversity, equity and inclusion programs reached a fever pitch, hybrid arrangements began to dominate the teleworking environment, and states and cities took unprecedented steps on paid leave. Here's a look at the major evolutions in workplaces in 2024.

  • December 18, 2024

    Restaurant's Firings Violated Labor Law, NLRB Judge Finds

    A Richmond, Virginia, restaurant violated federal labor law by firing eight workers who demanded better working conditions, a National Labor Relations Board judge ruled, saying the eatery must rehire the employees with back pay.

  • December 17, 2024

    Union Says DOL's H2-A Contracts Defy Court Order

    A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.

  • December 17, 2024

    DC Circ. Nixes Challenge To Union Vote At Transformer Co.

    An electrical transformer manufacturer can't overturn the National Labor Relations Board's certification of a union with claims that agency officials botched the representation vote, the D.C. Circuit ruled Tuesday, saying the company's allegations about the length of the voting period lack merit.

  • December 17, 2024

    With End In Sight, Biden NLRB Defined By Major Shifts In Law

    The tenure of the National Labor Relations Board under President Joe Biden is drawing to a close and labor law experts said they will remember it for issuing a string of consequential decisions that expanded union rights and reintroduced issues to the ever-changing labor law landscape.

  • December 17, 2024

    Starbucks Baristas Authorize Strike Amid First Contract Talks

    Unionized Starbucks baristas have voted to authorize a strike at the coffee giant, Workers United announced Tuesday, as the parties went back to the negotiating table with outstanding issues for first contracts related to wages, benefits and settling unfair labor practice claims.

  • December 17, 2024

    Police Captains Say Del. City Fails To Pay Them OT

    The city of Wilmington, Delaware, misclassifies police captains as overtime-exempt despite their duties being nearly identical to those of police officers, who are eligible for overtime pay, a Delaware federal court was told.

  • December 17, 2024

    11th Circ. Affirms NLRB Bargain Order Against Chemical Co.

    A chemical manufacturer must comply with a National Labor Relations Board decision ordering it to negotiate with a United Food and Commercial Workers affiliate, the Eleventh Circuit found, rejecting the company's claim that two ballots that could have swayed the vote outcome should have counted.

Expert Analysis

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.