Jason Vazquez is a staff attorney at the International Brotherhood of Teamsters. He graduated from Harvard Law School in 2023. His writing on this blog reflects his personal views and should not be attributed to the Teamsters.
Region 3 of the NLRB unveiled a sweeping complaint against Starbucks yesterday, the latest in a string of complaints the Labor Board has issued against the coffee chain in recent months.
Stemming from a series of ULP charges filed at several of the company’s New York locations, the complaint alleges that, among other things, the company improperly surveilled employees, discriminatorily granted and withheld benefits to discourage unionization, and unlawfully retaliated against protected activities, including shuttering a store last summer, which was the first Starbucks location to close after a union drive. A hearing on the charges is set for Feb. 6, 2023.
On Tuesday, the Ninth Circuit dismissed of a yearslong class action challenges Target’s overtime pay practices. The suit, initially filed in California state court in 2015, broadly alleged that the company’s methodology for calculating overtime was inconsistent with California’s wage and hour laws. Target removed the case to federal court in 2016 and a Ninth Circuit panel, reversing the district court, granted summary judgment to the company in a succinct ruling.
The panel found that, at bottom, the plaintiffs’ claims amounted to little more than an assertion that Target “should have adopted a payment methodology that maximized [the employees’] overtime pay.” Such a demand for maximal pay is not a cognizable legal claim, the court concluded.
In the latest development in the recent surge of independent unionization efforts, nearly 260 employees at a Home Depot store in Philadelphia will vote today on whether to joint Home Depot Workers United. Should they prevail, the employees will form the first union at any of the company’s more than 2,000 U.S. stores. In other independent union news, Trader Joe’s is set to begin negotiations with Trader Joe’s United for two recently unionized locations, one in Hadley, MA — the first TJ’s location to unionize — and the other in Minneapolis, MN, which followed suit two weeks later.
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January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions