Mila Rostain is a student at Harvard Law School.
In today’s News and Commentary, the Eighth Circuit avoids a challenge to Minnesota’s ban on captive audience meetings, an ALJ finds that Starbucks violated the NLRA again, and a US district court certifies a class of behavioral health workers pursuing wage claims.
Yesterday, the Eighth Circuit reversed a district court’s denial of a motion to dismiss for lack of subject matter jurisdiction a business group’s challenge to Minnesota’s law banning captive audience meetings. As I noted previously, the business groups suing had argued that the risk of the government’s enforcement of the law was sufficient to overcome sovereign immunity, claiming that Governor Walz had a connection with enforcement of the law. Ultimately, the Court held that because the government had no present intention to enforce the law, the plaintiffs did not have standing to sue, dismissing the claims against the Governor and Commissioner with prejudice and the claim against the Attorney General without prejudice.
On Tuesday, Administrative Law Judge Christine Dibble found that Starbucks had acted unlawfully by instructing employees to stop posting union materials. In addition, Judge Dibble found the company had disparately enforced its solicitation policy in violation of the Act. She also rejected Starbucks’ argument that the unfair labor charges amounted to serial litigation. An ALJ in Arizona had previously ruled that Starbucks had violated the Act for similar activity. Judge Dibble concluded that the complaint was not an effort to relitigate and distinguished the circumstances from the NLRB’s decision in Jefferson Chemical Co., because the unfair labor practice at issue occurred at a different store in a different geographic location managed independently of other Starbucks locations.
Also Tuesday, Judge Susie Morgan of the US District Court for the Eastern District of Louisiana certified a class of behavioral health workers at Acadia LaPlace Holdings LLC and Ochsner-Acadia LLC, both subsidiaries of Acadia Healthcare Co. The workers are pursuing wage claims against the companies. According to Bloomberg Law, the workers had previously most requirements for class certification but had not yet met the predominance and superiority requirements. Judge Morgan concluded that common issues of law or fact predominated over issues affecting individual class members and that proceeding as a class action was superior to other methods due to the likelihood of individual claims resulting in a collection of negative suits. Judge Morgan granted class action certification to pursue causes of action for unjust enrichment and conversion under Louisiana law.
Daily News & Commentary
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April 29
DOJ sues for discrimination against US citizens; Musk and DOJ pause litigation on AI discrimination bill; USTR hosts forced labor tariff hearings.
April 28
Supreme Court grants cert on Labor Department judges' authority; Apple store union files NLRB charge; cannabis workers win unionization rights
April 27
Nike announces layoffs; Tillis withdraws objection on Fed nominee; and consumer sentiment hits record low.
April 26
Screenwriters in the Writers Guild of America vote to ratify a four-year agreement with the Alliance of Motion Picture and Television Producers, and teachers in Los Angeles vote to ratify a two-year agreement with the Los Angeles Unified School District.
April 24
NYC unions urge Mamdani to veto anti-protest “buffer zones” bill; 40,000 unionized Samsung workers rally for higher pay; and Labubu Dolls found to contain cotton made by forced labor.
April 23
Trump administration wins in 11th Circuit defending a Biden-era project labor agreement rule; NABTU convenes its annual legislative conference; Meta reported to cut over 10% of its workforce this year.