As work stoppages by the United Auto Workers and other unions draw attention to strikes, the National Labor Relations Board is considering a request by the agency's chief prosecutor to make it tougher for employers to permanently replace workers who walk off the job.
The accused employer in a National Labor Relations Board case that set a new framework for ordering employers to bargain with unions urged the board to rethink its ruling Thursday, saying the "unprecedented new standard" was beyond its powers and violated U.S. Supreme Court precedent.
The National Labor Relations Board ended the summer with a flurry of decisions that made significant changes to federal labor law but left many highly anticipated precedent shifts on the table, including requiring damages for employers who delay bargaining and banning so-called captive audience meetings. Here, Law360 looks at some of the significant precedent changes labor observers expect the board may still issue with its current Democratic majority.
A defense contractor violated federal labor law by using temporary workers without notifying the International Association of Machinists and delaying a response to the union's bid for information, the National Labor Relations Board said Friday, upholding an agency judge's decision from last year.
A Florida federal judge on Friday rejected a renewed effort from a group of teachers unions to block a state law barring public sector unions from having dues deducted from members' paychecks, saying the change did not deprive them of their rights because they have other methods to collect dues.
A Los Angeles hospital asked a California federal judge Friday to vacate an arbitration award requiring it to rehire a worker it fired for dishonesty, saying its workers' union technically waited too long to bring the dispute before an arbitrator.
The U.S. Department of Labor and the Federal Trade Commission have jointly pledged to share information about potential labor and competition law violations and collaborate on efforts to combat anti-competitive and anti-worker business practices.
Google and its contractor Accenture are joint employers under federal labor law of workers on a content creation team looking to organize, a National Labor Relations Board regional director determined, saying Google has authority over the workers' benefits and holiday schedules.
A Michigan solar company has not followed an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, an electrical workers union said in a lawsuit filed Friday in Michigan federal court.
Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
A Denver Broncos player can't continue litigating his negligence and liability claims in court against the National Football League and Los Angeles Chargers, a California federal judge ruled, saying the player didn't go through all the grievance procedures under his union's labor contract.
A former Michigan state lawmaker was denied a federal court bid this week to escape a second trial on charges that he sold his vote while in office for campaign contributions.
Starbucks' crackdown on the union drive at its St. Louis-area cafes has rendered it liable for a slew of federal labor law violations, a National Labor Relations Board judge has ruled, ordering the company to rehire a fired union supporter and hold a new representation election at one cafe.
A New York federal judge is scheduled to hear arguments Tuesday in a hospital's attempt to toss a former resident's lawsuit claiming the hospital discriminated against him based on his ADHD diagnosis, culminating in his firing. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
In the coming week, attorneys should keep an eye out for a potential ruling on whether flight attendants in a long-running wage case against Delta Air Lines Inc. can proceed as a class, and whether Delta can add a counterclaim. Here's a look at that case and other labor and employment matters on deck in California.
The United Auto Workers on Friday expanded its strike to all of General Motors and Stellantis' parts distribution facilities, but said it's made "serious" progress in contract negotiations with Ford and will not strike any additional Ford facilities.
A Massachusetts cannabis company must recognize and bargain with a United Food and Commercial Workers local, a National Labor Relations Board judge said Thursday in what appears to be the first application of a recent board decision that altered the standard for issuing bargaining orders.
Starbucks unlawfully made a Seattle worker increase her availability to work and later resign following the start of a union organizing drive, a National Labor Relations Board judge concluded Thursday, while finding that the coffee chain did not illegally fire another employee.
A nonunionized worker's suit claiming he wasn't paid for time spent putting on and taking off gear should remain in court, a California state appeals court ruled, denying a shipbuilding company's request to make the worker arbitrate his proposed class claims.
A D.C. Circuit panel seemed resistant Thursday to a Puerto Rican hospital's claim that the National Labor Relations Board rule requiring employers to recognize existing unions after acquiring the operations of another company violated employees' rights, with one judge saying the rule is reasonable and shouldn't be second-guessed.
A Connecticut federal judge has rejected a Rhode Island hospital's attempt to sue a labor union near the union's regional headquarters in Connecticut, agreeing with the union that the lawsuit belongs in Rhode Island because that's where the relevant facts and witnesses are located.
Medical cannabis nonprofit Greenleaf can't ask to nullify its collective bargaining agreement with a union based on a state law mandating labor peace agreements, Rhode Island argued to a federal judge Thursday, saying federal labor law required the company to bargain for a contract.
Acting Labor Secretary Julie Su can serve without the time limit typically imposed by a vacancies law, even though she is also the labor secretary nominee, the U.S. Government Accountability Office said in a decision Thursday — a potential setback for Republicans who had raised the issue.
A hospital workers union asked a Washington federal judge to pause the sale of a psychiatric hospital while a grievance plays out over mass layoffs at the facility, saying the roughly 300 laid-off employees will lose their shot at relief if the sale closes before the dispute gets resolved.
A National Labor Relations Board judge said Wednesday that the U.S. Postal Service violated federal labor law by firing a worker after she won reinstatement to her job in arbitration, saying her boss took pains to set up the firing.
Mondelez Global LLC on Wednesday urged an Oregon federal judge to dismiss a Teamsters local's request to make the company arbitrate claims that the snack conglomerate outsourced union work, arguing jurisdiction over this spat lies with the National Labor Relations Board.
The University of South Florida Board of Trustees challenged two unions' right to sue over a state law's prohibition against faculty arbitrating personnel decisions, telling a federal court Wednesday that the unions have no basis to bring claims under the U.S. Constitution's contracts clause and 14th Amendment.
An International Longshoremen's Association pension fund has urged the First Circuit to back a lower court's finding that a union local owes the fund about $1.7 million, saying the local's argument on appeal rests on "fabricated" information about the preconditions of a merger.
Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.
A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.
Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.
As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.
As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.
In just one recent brief, the National Labor Relations Board’s general counsel asked the board to overturn at least five precedents, providing a detailed map of where the law may change in the near future, including union-friendly shifts in rules for captive audience meetings and work email use, says Daniel Johns at Cozen O'Connor.
Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.
As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.
Following the National Labor Relations Board's recent decision that Google is a joint employer of its independent contractor's employees, Matthew Green and Daniel Unterburger at Obermayer Rebmann offer practice tips to help companies preemptively assess the risks and broader implications of the decision to engage contractors.
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
A recent Law360 guest article asserted that the Occupational Safety and Health Administration must begin work on regulating electronic monitoring of employee performance because it can contribute to higher rates of injuries and mental stress, but electronic monitoring simply is not a recognized hazard, says Lawrence Halprin at Keller and Heckman.
Following a recent National Labor Relations Board decision that allows for increased scrutiny of workplace rules, employers will want to analyze whether any policies could reasonably dissuade employees from engaging in concerted activity, as the bar for proving a legitimate business interest has been raised, say attorneys at Taft Stettinius.
Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.