Federal Court Orders Workers Rehired

Late yesterday, the NLRB announced that it had prevailed in federal district court and won an injunction against Starbucks ordering the company to rehire a number of workers it had terminated and further to cease all unlawful activities. The case involved a successful union election held at a Starbucks in Memphis where the company disciplined…

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NLRB Accused of Misconduct

Speaking of organized labor, the latest news on unionizing efforts within local Starbucks’ stores has the company accusing the National Labor Relations Board (NLRB) and the Starbucks Workers United union of misconduct on the basis of allegations made by a whistleblower in the agency. Starbucks has formally claimed that agency officials interfered with elections by…

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Joint Employer Next Up, Again?

Earlier this month, the US Circuit Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) should revisit the ruling the board rendered two years ago regarding joint-employer status. A three-judge panel of the court determined that “the ruling for Browning-Ferris Industries Inc in 2020 failed to explain why it had…

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Court Upholds Vulgar Graffiti Ruling

In another DC court ruling, the U.S. Circuit Court of Appeals for DC last week upheld a decision by the National Labor Relations Board (NLRB) whereby the agency found a manufacturer violated the National Labor Relations Act (NLRA) by firing a worker who made a vulgar protest against the employer by writing the words “whore…

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Seattle, Taxing and Capping

We don’t too often cover a lot of what is happening out in the far Pacific Northwest, but two recent issues are and/or may become more relevant as time passes. First, Seattle just last week became the latest city to impose a permanent cap on delivery fees. Mayor Bruce Harrell signed an ordinance into law…

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Revisiting Poster Requirements

It may seem inconsequential at first blush, but employers must remain diligent in displaying labor law posters and the like as required by federal, state and local governments. Earlier this month, New Jersey adopted new regulations regarding the posting of civil rights notices in places of public accommodation. One change that can be viewed in…

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Court Blocks EEOC Guidance

Enforcement of a guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) some 14 months ago has been blocked by the federal district court. The EEOC guidance, structured as a technical assistance document entitled “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity” was issued in the wake of a Supreme Court…

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DC Employee Marijuana Protection

Just under one year from today, employers in the Nation’s Capital will be prohibited from disciplining or terminating employees for marijuana use or a positive marijuana test. In addition, employers will not be able to reject a job applicant as well because of a positive marijuana test. Thanks to the Cannabis Employment Protections Amendment Act…

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New York Launching Wage Theft Portal

In a similar vein, New York has been stepping up efforts to seek felony convictions of businesses accused of wage theft in the Empire State. Governor Kathy Hochul and Attorney General Letitia James last week announced that the state Wage Theft Task Force had secured charges against a dozen businesses – including some restaurants – and…

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Court Adds Travel Time to Paychecks

The Maryland Supreme Court ruled this month that hourly employees must be compensated for time spent traveling from one workplace to another under certain circumstances. The court determined that the federal Portal-to-Portal Act, which provides that travel to and from a primary worksite is generally non-compensable, was never adopted in Maryland. Conversely, Maryland wage laws…

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