Posts tagged federal law

    Different kind of union campaign targets Waffle House

    February 22, 2024 // The Waffle House campaign does follow several years of growing union action, some of it successful, including high-profile national contracts with American automakers, the film industry, American Airlines and Kaiser Permanente, as well as Georgia wins among grad students at Emory, truck drivers at Georgia Tech, bus-maker Bluebird, and about a half-dozen Starbucks locations. There have been failures, too, including rejection of a union at a hip Athens brewery. At the same time, legislators in Georgia — where laws already tilt against unions — are now pushing a bill that would further crimp efforts at organizing.

    Rachel Greszler: 64 million Americans risk losing work under Biden administration rule

    January 30, 2024 // The group Freelancers Against AB 5 compiled a list of more than 600 professions that have been negatively affected by independent contracting restrictions, and Americans for Tax Reform documents more than 600 personal testimonials of workers who’ve been harmed. Karen Anderson, the founder of Freelancers Against AB5, testified to federal lawmakers about children’s theaters and nonprofit youth sports clubs closing their doors; sign language interpreters unable to provide ADA-mandated services to the deaf; and professionals having to move out of state to maintain their livelihoods.

    The Supreme Court agrees to hear Starbucks appeal in Memphis union case

    January 17, 2024 // The case has been among the most closely watched in the more than two-year-old effort to unionize Starbucks’s company-owned U.S. stores. Starbucks fired seven employees in Memphis in February 2022, citing safety. The Seattle coffee giant said they violated company policy by reopening a store after closing time and inviting nonemployees—including a television crew—to come inside and move throughout the store. But the NLRB intervened, saying the company was unlawfully interfering in workers’ right to organize and that the store had routinely allowed employees to gather there after closing time.

    Commentary: ‘Worker’s Choice’ Is the Way Forward

    December 13, 2023 // Employees trapped in union contracts need true freedom in the workplace, or what advocates have long called “worker’s choice.” That’s why on Wednesday, Rep. Burlison will introduce The Worker’s Choice Act of 2023. It would give workers a real alternative to union membership. Under this reform, employees at unionized companies could still become union members with union contracts. But if they opt out of union membership, they would negotiate contracts directly with their employers, as workers at nonunion companies do. The legislation wouldn’t affect non-right-to-work states, where workers are still required to pay union fees. It also wouldn’t apply to railroad and airline employees, who are required by federal law to pay union fees, or to government employees, who would qualify for worker’s choice only via state law. Every worker would win under this policy. Those opting out of union membership could negotiate the contract that’s best for them.

    Court orders Bay Area Subway franchisees to sell stores, pay employees

    October 2, 2023 // A federal court ordered the owners of 14 Subway Bay Area locations to pay employees nearly $1 million in damages and back pay and also to sell or shut their businesses, with any sale proceeds going to the Department of Labor. Federal investigators said franchise owners John and Jessica Meza, of Brentwood, directed children as young as 14 to operate dangerous machinery, assigned minors work hours that violated federal law, and failed to pay their employees regularly, including by issuing hundreds of bad checks and illegally keeping tips left by customers. The Labor Department also charged that the Mezas coerced employees in an attempt to prevent them from cooperating with its investigation and that an associate, Hamza Ayesh, played a role in those efforts, including threatening an employee who complained about receiving a bad check. The stores are located in Antioch, Clayton, Concord, San Pablo, Petaluma, Cotati, Napa, Santa Rosa, Windsor and Vallejo.

    Biden ESG rule survives challenge from 25 red states

    September 24, 2023 // Kacsmaryk’s 14-page ruling rejects the red states’ argument that the environmental and sustainable governance (ESG) rule violates the Administrative Procedure Act and the Employment Retirement Income Security Act, which regulates retirement plans. He wrote that the Biden administration rule still complies with those statutes, because it prioritizes financial considerations over environmental ones and thus has no “overarching regulatory bias in favor of ESG strategies.” “[W]hile the Court is not unsympathetic to Plaintiffs’ concerns over ESG investing trends, it need not condone ESG investing generally or ultimately agree with the Rule to reach this conclusion,” he wrote.

    Biden administration working overtime to regulate working overtime

    September 5, 2023 // ederal law says employees must be paid time and a half once they work more than 40 hours in a week. However, businesses may exempt workers from the requirement if their duties are “managerial” in nature and they reach a certain salary threshold. Currently, workers had to earn at least $35,500 annually before they were covered. The new rule, which goes into effect at the end of the year, raises that by almost $20,000. The administration estimates this would extend the rule to 3.6 million additional workers. The problem with the change is that it limits employers’ ability to work out alternate arrangements with employees where they work more than 40 hours in exchange for some other consideration, such as additional time off on other weeks. Under the new rule, employers are more likely to simply cut hours than to have to pay overtime at all.

    What Settlement of Vaccine Mandate Case Says About Corruption of Teachers Unions

    June 2, 2023 // But a second lawsuit by the teachers is pending, one that has garnered little media attention but may have greater long-term implications. That lawsuit also was filed against the Barrington Education Association, which brazenly abandoned these three dues-paying union members. In the same case earlier this spring, the three teachers’ attorney, Gregory Piccirilli, filed an Equal Employment Opportunity Commission claim against the Barrington teachers union, an affiliate of the National Education Association.

    It’s a Gloomy Outlook for Jobs Under Biden. Here’s the Formula to Change That.

    May 19, 2023 // For the sake of personal and societal happiness, for the sake of the financial well-being of American families, for the sake of solving America’s dire fiscal situation, and for the sake of preserving the foundation of American society, policymakers need to recognize the value and rewards of work. By protecting individuals’ rights to pursue the type of work and compensation that is best for them, expanding alternative education and job-training opportunities, and not forcing workers into unions, policymakers can expand opportunities for people to achieve meaningful and rewarding work. Work truly affects every aspect of American life. Our economy, our personal financial and physical well-being, our nation’s fiscal sustainability, and even our national security depend on it.