The Authors

Amber Rogers
Amber RogersHunton Andrews Kurth
Amber is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and is a trial lawyer who has extensive experience representing and advising clients in traditional labor relations, such as collective bargaining, representation elections, decertification elections, unfair labor practice charges, arbitrating grievances, contract administration and interpretation, and union avoidance strategies.

Amber’s litigation experience includes regularly representing clients in wage and hour collective and class actions, trade secrets and post-employment restrictive covenant disputes, and complex employment discrimination. As a part of Amber’s partnership with clients to avoid litigation, she frequently conducts and coordinates sensitive corporate investigations, and provides training presentations for clients on a multitude of topics.

Kurt Larkin
Kurt LarkinHunton Andrews Kurth
Kurt helps businesses of all sizes solve their complex labor and employment challenges. He counsels clients on all aspects of labor-management relations, including representation elections, collective bargaining and strikes and lockouts, and also advises clients in strategic employment and human relations matters. Kurt litigates labor and employment cases in federal and state trial and appellate courts around the country and before the NLRB and EEOC.

Kurt is a recognized thought leader in the area of traditional labor-management relations. He has been recognized as a leader in Labor and Employment by Chambers USA Virginia and as a 2022 Top 10 Labor Lawyer by Benchmark Litigation.

The Journal on Emerging Issues in Litigation
Emerging Litigation Podcast
Emerging Litigation PodcastProduced by HB Litigation and Law Street Media
Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world.

Labor Organizing in Retail: Conditions Remain for Continued Momentum

“The political and social issues of the past few years, inflation, the looming recession, job security, wages, and pandemic-related frustration/unhappiness are just a few of the countless reasons cited for the boom in union support/approval.”

Abstract: In 2022, labor organizing was in the spotlight with workers organizing at a rate not seen in years. The National Labor Relations Board saw an increase of union petitions during the last fiscal year, it was more than 50% higher than the previous year. Relatedly, more unions have won representation and American approval is at its highest in over 50 years. The rise of the “homegrown” union has directly impacted employers of all industries. The year 2022 can provide all industries and companies with lessons learned, particularly from those who faced threats for the first time. It is crucial to note too, however, that many of these companies and retailers have positive reputations. Labor and union laws continue to evolve as the Biden administration takes full control of the NLRB.