Posts tagged non-compliance

    New Rule in Washington State Conflates Labor Policy with Public Health

    September 28, 2026 // Simply put, if an operator doesn’t pay the tab for an alleged violation, they will get a sign posted in their restaurants’ windows that alerts the public of a failure to comply. The sign also states, “Due to this non-compliance, this establishment is subject to additional food safety inspections,” implying the violation is about food safety rather than an unpaid fine over a labor dispute. Perspective customers upon entering may be shocked by the red warning placard claiming the restaurant is a threat to public health.

    At What Point Does a Nascent Worker Group Become a “Labor Organization”?

    June 27, 2024 // Key points of the legal analysis: The Regional Director applied the broad statutory definition of "labor organization" from Section 2(5) of the NLRA. The decision analyzed whether the petitioner met the three-part test for labor organization status: (1) employee participation, (2) purpose of dealing with the employer, and (3) dealing with terms and conditions of employment. The Regional Director found all three elements were met, even though the petitioner was a nascent organization that had not yet engaged in formal bargaining. The lack of formal structure (no constitution, bylaws, dues, etc.) did not preclude finding labor organization status for an incipient union. The Regional Director concluded the petitioner qualified as a labor organization and directed an election in the stipulated unit.