Labor

  • May 17, 2024

    Mercedes Workers Reject UAW In Blow To Organizing Drive

    Workers at Mercedes-Benz manufacturing facilities outside Tuscaloosa, Alabama, have voted against representation by the United Auto Workers, an early setback for the union as it seeks to organize nonunion automakers in the United States.

  • May 17, 2024

    Texas Judge Denies SpaceX's Rethink Bid In Transfer Spat

    A Texas federal judge won't reconsider his decision to transfer SpaceX's constitutional challenge to the National Labor Relations Board's structure to a California court, saying on Friday that the rocket company didn't give a "compelling reason" to rethink the ruling.

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 16, 2024

    Bad Bunny's Sports Firm Says MLBPA Gave It 'Death Penalty'

    Rimas Sports, the sports agency of mega music superstar Bad Bunny, is suing the Major League Baseball Players Association in Puerto Rico federal court, saying the union effectively killed its business with unreasonable sanctions in order to protect its "good ole boy" club of established agencies.

  • May 16, 2024

    5 Ripe Issues For The Biden NLRB To Decide

    The National Labor Relations Board has more than two dozen ripe issues on its docket, including the legality of so-called captive audience meetings, workers’ rights to use company email and chat systems, and compensation for workers whose bosses delay union negotiations. Here, Law360 looks at these and other issues the board could soon decide.

  • May 16, 2024

    JB Hunt Is Not Joint Employer Of Drivers, NLRB Official Says

    United Natural Foods Inc. delivery drivers in Pennsylvania may vote on whether they want a Teamsters local to represent them, a National Labor Relations Board regional director determined Thursday, while finding that J.B. Hunt is not a joint employer of these workers.

  • May 16, 2024

    Nonprofit Lawfully Withdrew Recognition, NLRB Judge Says

    A nonprofit food service company near Albany, New York, lawfully withdrew recognition from a Service Employee International Union local, a National Labor Relations Board judge ruled, finding the agency prosecutors hadn't shown that unfair labor practices and a decertification petition were linked.

  • May 16, 2024

    NLRB Tells DC Circ. Not To Rehear Stalled Bargaining Case

    The National Labor Relations Board urged the full D.C. Circuit to reject an auto parts manufacturer's request to reconsider a March decision upholding the board's ruling that the company unlawfully withdrew recognition from a United Auto Workers local, saying the company is mistaken that the board's ruling altered precedent.

  • May 16, 2024

    NLRB Remands Chicken Co.'s Election Objection For Hearing

    A split National Labor Relations Board panel remanded a chicken processor's challenge of a representation election based on the claim that a union offered to waive initiation fees, with a dissenting board member finding a lack of evidence to support a hearing.

  • May 15, 2024

    Mass. Judge Takes First Pass At NLRB's Cemex Test

    A Massachusetts federal judge has ordered a cannabis company to bargain with the United Food and Commercial Workers in the first application of the National Labor Relations Board’s Cemex standard to an injunction case. Here, Law360 explores takeaways from the novel decision.

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

  • May 15, 2024

    Walmart Illegally Barred Discipline Talk, NLRB Judge Says

    Walmart illegally forbade a worker in Louisiana from talking about his discipline with other colleagues, a National Labor Relations Board judge ruled Wednesday, telling the company to stop threatening employees who may discuss disciplinary meetings.

  • May 15, 2024

    Teamsters Defend Rehire Order In Dispute With Welch's

    A Welch's factory employee who was fired after being falsely accused of sexual harassment five years ago has waited long enough to be rehired, a Teamsters local argued in Pennsylvania federal court, urging a district judge to uphold an arbitrator's reinstatement order in accordance with a magistrate judge's recommendation.

  • May 15, 2024

    NLRB Attys Fight Union Sanctions In Strike Replacement Case

    A U.S. Department of Justice attorney urged the Seventh Circuit on Wednesday to reject a union's bid to sanction National Labor Relations Board attorneys in a case over labor law violations at a quarry, saying the contention that the union waived a key argument doesn't warrant such an "extreme measure."

  • May 15, 2024

    Barge Co. Seeks To Block 'Hot Cargo' Union Arbitration

    A barge company urged an Alaska federal judge to stop International Longshore and Warehouse Union local affiliates from arbitrating over a work preservation dispute, telling the court that a prior arbitration award established an agreement that makes the company hire union members.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Factory Specifics Will Be Key In UAW-VW Bargaining

    While the United Auto Workers' recent contracts with Detroit automakers were key to organizing Volkswagen's Tennessee plant and securing a landmark election victory last month, experts said unique factors at Volkswagen will give the upcoming talks their own character. 

  • May 14, 2024

    Co. Illegally Placed Manure Near Union Picket, NLRB Says

    The National Labor Relations Board concluded Tuesday that an Illinois concrete producer violated federal labor law by putting manure near an area where an International Union of Operating Engineers local was picketing, granting agency attorneys' motion for default judgment.

  • May 14, 2024

    Colo. Org Lacks Standing In Access Law Row, Judge Says

    The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.

  • May 14, 2024

    Healthcare Labor Activity Reaches Historic Healthcare Union

    Surging union activity in the healthcare industry has reached a new front: employees of the nation's largest healthcare union.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

Expert Analysis

  • 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.

  • NLRA Expansion May Come With Risks For Workers

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    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

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    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

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    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

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    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

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    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

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    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.

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