Labor

  • June 10, 2024

    NLRB Judge Orders Starbucks Exec Video As ULP Remedy

    Starbucks violated federal labor law multiple times at cafes near Phoenix where union organizing efforts with Workers United were brewing, a National Labor Relations Board judge ruled, recommending an order to make the coffee chain post a video recording of a reading notice about employees' rights.

  • June 10, 2024

    Chemical Manufacturer Beats Rehire Order In Fight With Union

    A Texas federal judge has vacated an arbitration award ordering a chemical and ammunition manufacturer to rehire an employee who it accused of lying about receiving confidential information from a union steward, finding the award didn't draw its essence from the union contract.

  • June 10, 2024

    Cozen Sustains NY Growth With Ogletree Labor Expert

    An experienced labor and employment attorney has jumped from Ogletree Deakins Nash Smoak & Stewart PC to Cozen O'Connor, continuing recent growth in the firm's New York office.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 07, 2024

    Ohio Panel Says School Union Dues Dispute Tied To Contract

    An Ohio state appeals court said five public school employees cannot hash out their claims over unauthorized union dues deductions in court because they draw from a collective bargaining agreement and therefore must be handled administratively.

  • June 07, 2024

    Ill. Judge Unmoved By 2nd Circ. In Starbucks Subpoena Row

    An Illinois federal judge declined to narrow a prior order letting Starbucks subpoena workers to boost its defense against a National Labor Relations Board injunction bid, saying a recent Second Circuit decision faulting the scope of a discovery grant in another Starbucks case doesn't apply.

  • June 07, 2024

    Union Says NYC Hotel Must Pay Severance Arbitration Award

    A hotel workers union urged a New York federal court to force a former operator of a shuttered Marriott hotel in Manhattan to pay $6 million in severance pay stemming from the COVID-19 pandemic, saying an arbitrator's award in the union's favor must be enforced.

  • June 07, 2024

    SpaceX Pans NLRB Offer In Injunction Battle

    The National Labor Relations Board's offer to pause an in-house suit against SpaceX is "merely a ploy" to stave off a Fifth Circuit decision backing the company's challenge to the agency's constitutionality, the rocket maker told a Texas federal judge.

  • June 07, 2024

    Southwest Attys Get Pause On 'Punitive' Religious Training

    In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training' should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."

  • June 07, 2024

    NLRB Asks Judge To Make Auto Co. Rehire Union Organizers

    An Arizona electric car manufacturer quashed a nascent union organizing campaign by monitoring two leaders of the drive and then firing them when they persisted, National Labor Relations Board prosecutors claimed in a lawsuit that asks a federal judge to order the company to rehire the workers.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    NFL Says Labor Law Preempts Ex-Player's Estate's CTE Claim

    The National Football League isn't to blame for a former football player's head trauma, the league told a South Carolina federal judge, arguing federal labor law preempts a negligence claim from a representative of the ex-player's estate.

  • June 06, 2024

    MLBPA Says Bad Bunny Sports Firm Hurt By Its Own Actions

    The Major League Baseball Players Association told a Puerto Rico federal judge that the sports agency linked to music superstar Bad Bunny has grossly overstated the impact it had on the business, arguing it is the agency's actions, not the association's "unreasonable sanctions," that caused injury.

  • June 06, 2024

    Workers Ask NLRB To Reverse Whole Foods BLM Case Ruling

    Wearing Black Lives Matter apparel at Whole Foods is protected under federal labor law, a group of workers argued to the National Labor Relations Board, saying employees wore BLM masks and attire on the job to push the company to confront racial bias in the workplace.

  • June 06, 2024

    NLRB Official Dismisses Union Petition At Conn. Nightclub

    A National Labor Relations Board official has tossed a petition for a union representation election at a New Haven, Connecticut, nightclub, saying some of the workers the union sought to represent are security guards who cannot share a bargaining unit with nonguards.

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Starbucks Can't Justify Union Shirt Crackdown, Judge Says

    Starbucks violated federal labor law by sending baristas home for wearing union T-shirts at a Brooklyn cafe, a National Labor Relations Board judge ruled, saying the company can't point to a dress code rule to excuse this behavior because it wasn't otherwise enforcing the rule in the region.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Feds Sue To Recover $5.3M Stolen From Union In Email Scam

    Boston federal prosecutors said Wednesday they are helping a union recover about $5.3 million stolen through a complex business email compromise scheme.

  • June 05, 2024

    NLRB Official Preserves Union At Seattle Ship Repair Co.

    A group of machinist craft employees at a Seattle ship repair facility can't break away from their union and affiliate with a Carpenters local, a National Labor Relations Board official ruled, saying the multi-craft bargaining unit that has represented the facility's employees since the 1970s should remain in place.

  • June 05, 2024

    Mercedes Illegally Drug Tested UAW Backers, Union Says

    The United Auto Workers accused Mercedes-Benz of committing federal labor law violations, including unlawfully drug testing union supporters, at an Alabama plant where the union recently lost a representation election, according to an unfair labor practice charge obtained by Law360 on Wednesday.

Expert Analysis

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

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