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Documents on Labor And Employment, Travel, Leisure & Hospitality, Retail Trade
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|NLRB Deems Micro-Unit an Appropriate Bargaining Unit in Retail Industry|
Duane Morris LLP;
August 4, 2014, previously published on August 1, 2014The National Labor Relations Board (the "Board" or NLRB) recently issued a pair of decisions applying its Specialty Healthcare test to determine if petitioned-for units in two large department stores were appropriate for bargaining purposes. The Board reached different outcomes in these...
|NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees|
Frederick L. Warren; Ford & Harrison LLP;
August 4, 2014, previously published on August 1, 2014Executive Summary: Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor Relations Board (NLRB) against restaurant franchisors...
|Protection Against Sexual Harassment by Customers|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
June 30, 2014, previously published on June 19, 2014The Hong Kong government will gazette this Friday, 20 June 2014, a bill to amend the Sex Discrimination Ordinance (Cap 480) to protect service providers from sexual harassment by their customers.
|Top 5 Legal Trends For Hospitality Employers|
Bethanie E. Barnes, John A. Mavros; Fisher & Phillips LLP;
March 6, 2014, previously published on March 1, 2014There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014.
|Wage Deduction From Final Paycheck Narrowly Allowed by Ninth Circuit|
Ogletree Deakins Nash Smoak Stewart P.C.;
February 5, 2014, previously published on January 31, 2014Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor Standards Act (FLSA) or the California Labor Code when it deducted the...
|Favorable Outcome for Starbucks in Tip Pool Class Action|
Jennifer A. Shoemaker; Underberg & Kessler LLP;
January 31, 2014, previously published on January 21, 2014The United States Court of Appeals for the Second Circuit recently decided that Starbucks baristas must share their tips with shift supervisors who do much of the same work. A group of plaintiffs sued on behalf of a class of more than 5000 baristas, alleging that Starbucks’ policy requiring...
|Retail Sales of Marijuana Legal in Colorado, but Employers May Still Test, Fire Employees for Use|
Jackson Lewis P.C.;
January 6, 2014, previously published on January 2, 2014Effective January 1, 2014, state-licensed retail establishments are permitted to sell marijuana to the general public under Colorado’s “Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” which on November 6, 2012, Colorado voters approved as an amendment to the state...
|Indiana Court Finds Employee’s Attempt At Humor Was Not Protected Religious Expression|
Brian L. McDermott; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 17, 2013, previously published on December 13, 2013Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant named “Little Pigs Genuine Pit.” The restaurant’s...
|New Year's Resolutions: Five Areas Of Focus For 2014|
Edward F. Harold; Fisher & Phillips LLP;
December 9, 2013, previously published on December 3, 2013The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the other employment laws remain on the books and continue to pose...
|When Is A Union Not A Union? When It's a "Worker Center.”|
Steven M. Bernstein; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called "worker centers" (or "alt-unions") is not altogether new,...