Posts tagged Labor Law
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.
Are salaried workers required to cross a picket line during a labor strike? What happens.
August 23, 2023 // "If (nonunion workers) refuse to follow the direction they’ve been given by management, they could potentially lose their job if the company wanted to take such drastic measures," Kaminski said. "They could be fired for refusing to accept an assignment." ◾ Sympathy strikers can be permanently replaced, Kaminski said. Depending on their rank in an organization, some will retain the right to be put on a preferred recall list for a limited period of time. Many people consider being fired and being permanently replaced as the same, though technically different, Kaminski said.
Unions fear ceding members in Defense Health Agency reorganization
August 22, 2023 // “Who am I to come in and say ‘you’re now in my union?’” he said. Some members have also questioned the structure of the units, saying markets force together facilities that group different military services, chains of command and cultures, even if the employees share job duties, management and working environments. “Whenever there’s a big reorganization like this, the FLRA needs to certify appropriate bargaining units,” Friday said. “But it doesn’t have to be the most appropriate bargaining units. There can be other workable configurations. And so here’s a question of trying to find something that comports, to some extent, with the agency structure, but also [with] NFFE’s goal that would also allow us to represent as many of our folks as we can.” The Colorado market, for example, is comprised of four treatment facilities and several medical clinics located in Colorado and Utah.
California’s on the cusp of transforming America’s fast food industry — again
August 16, 2023 // “Because it’s so many stores, and going store to store would be difficult, the path to unionization here is basically through legislation,” said Brandon Dawkins, SEIU 1021 vice president of organizing. “After we get the council together and force the employer to the table, then the unions — we can come in and really sit down and negotiate with the corporations to, number one, create a union and, number two, address issues like safety and wage theft.” A labor council’s purview extends to workplace conditions like predictable scheduling — a longstanding goal for labor — noted California Labor Federation Executive Officer Lorena Gonzalez, a former state lawmaker who carried an earlier version of the bill when she served in the state Assembly. “If you get joint employer liability, it’s more likely McDonald’s would want to talk about a national agreement or strategy because now they’re on the hook for every labor violation,” Gonzalez said. That tactic has angered restaurant operators who have rallied against the legislation. Marisol Sanchez, a second-generation McDonald’s franchise owner, has appeared in advertising opposing the 2023 bill. Sanchez said she believed SEIU was acting on its own political agenda rather than in response to worker demands.
SEIU: ‘California’s Fourth Branch of Government’
July 13, 2023 // Notably, Manzo said businesses with labor union agreements usually don’t have to labor under the same strict state labor laws they force on other non-union private sector businesses – they receive exemptions in unholy deals with Democrat lawmakers. For more information on California’s Fourth Branch of Government and how to fight it, visit CABIA.org CABIA is calling out unscrupulous trial attorneys, paid politicians, and their allies that want to maintain the status quo in California. Our lawsuit tracker is the only one of its kind that provides public data on the amount of Private Attorneys General Act (PAGA) suits law firms file each year. We also publish information on which politicians are backed by trial lawyer advocacy groups and other interests groups that would like to keep PAGA intact.
BACKGROUNDER: Employee Rights Act
June 26, 2023 // Sponsored by Rick Allen (R-GA) The Employee Rights Act of 2025 safeguards and strengthens the rights of American workers. It guarantees workers’ right to a secret ballot election, ensures they can work directly with their employer if they opt-out of union membership, protects worker privacy, allows workers to choose to fund union politics or not, provides legal clarity for small business owners and independent contractors, and guarantees fair representation for all American workers.
Unions take on UPMC in antitrust complaint
June 2, 2023 // On Thursday, SEIU along with a coalition of labor unions filed a 55-page complaint against Pennsylvania’s biggest nongovernmental employer, alleging that its size has allowed UPMC to hold down wages and benefits, “drastically increased workloads,” and kept workers from leaving for other jobs through a “draconian system of mobility restrictions.” The union is asking the Justice Department to investigate UPMC for antitrust violations, made possible by its dominance of the health care market in Pittsburgh, Erie and other parts of Pennsylvania, something called monopsonization. For every 10% increase in market share, wages for UPMC workers falls 30 cents to 57 cents an hour on average, according to the complaint. At the same time, the ratio of workers to patients has steadily increased, making UPMC’s staffing ratios on average 19% lower than at non-UPMC facilities.
U.S. employers have gone from opposing international labor standards to hiding behind them. Now a complaint is trying to stop U.S.-style union busting from taking over the world
May 31, 2023 // What explains the shift? International standards are increasingly becoming part of the fabric of global governance. They might be embedded in trade agreements, procurement rules, or within the codes of conduct of investors. It’s not acceptable anymore for a global company to tell its investors that they reject international labor standards. So instead of being honest, employers seek to distort the meaning of international labor standards beyond recognition. It’s time for the ILO to make clear that U.S.-style interference with workers’ efforts to come together in a union violates the ILO Convention on Freedom of Association (convention 87). Such a finding might not deliver a change in U.S. law, but it would send a message to companies that they can’t hide behind the United Nations and the ILO to justify their union-busting tactics.
Noncompete clauses ‘chill’ worker rights and are usually illegal, NLRB lawyer says
May 31, 2023 // General Counsel Jennifer Abruzzo, appointed by Biden in 2021, wrote that noncompete clauses — which generally prevent people from immediately moving to one of their employer's rivals — "tend to chill" workers' rights under federal law, specifically Section 7 of the National Labor Relations Act, which protects the ability to collectively organize and agitate for improved working conditions. A person barred from moving to another company in their chosen profession, at least for a set amount of time, is less likely to fight for change at their current employer, Abruzzo argued in the memo, issued Tuesday, knowing that could well make them a target for termination; employers likewise have little reason to fear that disgruntled workers will be snatched up by a competitor, thus reducing the latter's bargaining power.
New California law that facilitates farmworker unionization could already see changes
May 12, 2023 // In a Majority Support Petition, a union would be certified to represent workers after it submits proof that it has the support, typically in the form of collected signatures, of a majority of workers within a workplace to the Agricultural Labor Relations Board. Unions prefer the majority support process because the formal election process can be a drawn-out process that gives employers time to discourage unionization, sometimes through illegal means, such as threats.