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Employee Monitoring and Surveillance
  + stars: | 2023-05-01 | by ( ) www.reuters.com   time to read: +50 min
Ensuring Employee Safety and Systems SecurityEmployers may use electronic workplace monitoring and surveillance to protect their:Worksites. Potential Liability for Electronic Workplace Monitoring and SurveillanceEmployers that engage in electronic workplace monitoring and surveillance must comply with various federal and state laws, including:The Wiretap Act. Best Practices for Electronic Workplace Monitoring and SurveillanceTo avoid violating relevant state and federal laws, before conducting workplace monitoring and surveillance, employers should:Consider the purpose and appropriate scope of their monitoring and surveillance activities and what methods will help them achieve their objectives. Determine the Purpose of Workplace Monitoring and SurveillanceBefore conducting any workplace monitoring or surveillance, best practice is for employers to identify the purpose and goals of these activities to:Ensure that there is a legitimate business purpose for the planned monitoring and surveillance activities. Determine the scope of monitoring and surveillance necessary to accomplish the business purpose, and conduct only the minimum monitoring and surveillance necessary to meet that business need.
(Reuters) - Tesla Inc supervisors at a Florida service center violated U.S. labor law by telling employees not to discuss pay and other working conditions or bring complaints to higher level managers, a U.S. labor board official has ruled. The judge ordered Tesla to cease and desist from violating workers’ rights and to post notice of the violations in the service center and email it to employees. Tesla had argued that it had quickly repudiated the managers’ comments by posting a notice in the service center that Tesla policy allowed workers to discuss their pay. The judge said that attempting to silence employees violated their fundamental right under U.S. labor law to band together to advocate for better working conditions. The company is also appealing an NLRB decision that said it unlawfully barred factory workers from wearing union t-shirts.
Contact workers who support YouTube Music won their union election 41-0. Contract workers who support YouTube Music have won their union election and will now prepare to bargain for a labor contract. The Alphabet Workers Union launched in 2021 and represents both full-time workers employed directly by Google as well as its large contract workforce. Some Google contractors can command high salaries, while many — like those at Cognizant — make as little as $19 an hour. The YouTube Music contractors initially began organizing to seek a guaranteed work-from-home policy, saying that it's too expensive to live in Austin on the wages offered.
YouTube TV contractors are in the early stages of making a push towards unionization. The YouTube TV contractors' efforts follow that of their colleagues in YouTube Music. In response, Cognizant held two "captive meetings" with the YouTube TV team in the past two weeks to dissuade them from organizing, contractors say. Contractors working for Cognizant say they've been told they should not take these new signs down. In the past year, more than 300 Starbucks locations organized under the Starbucks Workers Union.
Some employees being laid off by Big Tech companies can expect generous severance packages. Employees should consider their options before signing a severance agreement, they said. Here are five things to consider when signing your severance agreement, according to labor lawyers:1. Consider what you are willing to give up in exchange for the severance paymentWhen employees accept a severance package, they're asked to give up something in exchange — like their ability to sue the company. "We have been receiving a lot of calls from workers laid off by tech companies," she said.
The CWA in a statement said Activision's conduct showed a clear pattern of disregard for workers' legal rights. "In spite of Activision Blizzard's anti-union efforts, workers continue to organize, speak out about their working conditions and win union campaigns," the union said. Activision has said its social media policy is lawful and does not bar employees from exercising their rights under U.S. labor law. Small groups of workers at Activision subsidiaries in New York and Wisconsin have voted to join the CWA in recent months. Boston-based employees of Activision unit Proletariat in January withdrew a petition to have an election.
A union said five workers at Apple stores in two states were fired illegally. The Communications Workers of America union filed two Unfair Labor Practice charges. It was the first unfair labour practice charge filed by the CWA against Apple for alleged unlawful termination of workers for union organizing. No one working at Apple should be interrogated, intimidated, or silenced for trying to organize and win our fair share." It is unlawful for any companies to retaliate against workers for union activity, according to the NLRB.
Elon Musk broke labor law with a 2018 tweet about Tesla employees' stock options, a court ruled. The US 5th Circuit Court of Appeals said Musk threatened staff in the wake of a unionization drive. But why pay union dues & give up stock options for nothing? Tesla argued that because Musk said there was nothing stopping Tesla workers joining a union, it couldn't be regarded as a threat. "Because stock options are part of Tesla's employees' compensation, and nothing in the tweet suggested that Tesla would be forced to end stock options or that the UAW would be the cause of giving up stock options, substantial evidence supports the NLRB's conclusion that the tweet is as an implied threat to end stock options as retaliation for unionization," the panel wrote in its conclusion.
Amazon still refuses to recognize the union or come to the bargaining table, dashing the Staten Island workers’ hopes of creating their first contract. Union organizer Christian Smalls (L) celebrates following the April 1, 2022, vote for the unionization of the Amazon Staten Island warehouse in New York. “I told Christian, ‘We have a problem, you need to stop traveling, you need to focus on the workers,’” Goodall told CNN. The company has claimed the independent federal agency tasked with overseeing union elections exerted “inappropriate and undue influence” with the Staten Island effort. An Amazon employee signs a labor union authorization for representation form outside the Amazon LDJ5 fulfillment center in the Staten Island borough of New York, on Monday, Feb. 7, 2022.
Companies Tesla Inc FollowMarch 31 (Reuters) - A U.S. appeals court on Friday said Tesla Inc (TSLA.O) CEO Elon Musk violated federal labor law by tweeting that employees of the electric vehicle maker would lose stock options if they joined a union. Amid an organizing campaign at Tesla's Fremont, California, plant by the United Auto Workers union, Musk tweeted: "Nothing stopping Tesla team at our car plant from voting union ... But why pay union dues & give up stock options for nothing?" In Friday's case, Tesla had argued that the tweet about unionizing was not a threat and merely reflected the fact that union workers at other auto companies did not receive stock options. The labor board in a separate case last year said Tesla violated labor law by prohibiting workers at the Fremont plant from wearing shirts supporting the union campaign.
The Communication Workers of America union (CWA) has accused the "Call of Duty" maker of a series of illegal labor practices at the union has sought to organize video game testers and other employees at the company and its subsidiaries. The CWA in a statement said Activision's conduct showed a clear pattern of disregard for workers' legal rights. "In spite of Activision Blizzard's anti-union efforts, workers continue to organize, speak out about their working conditions and win union campaigns," the union said. Activision is already facing a separate NLRB complaint issued last year claiming the company used a policy limiting what workers can post on social media to bar them from discussing working conditions. Activision has said its social media policy is lawful and does not bar employees from exercising their rights under U.S. labor law.
New York CNN —Starbucks’ investors have voted in favor of an independent review of the company’s aggressive anti-union efforts. The assessment would include remedies if it finds that Starbucks has broken its own stated commitment to workers rights. Starbucks workers rally in celebration of the first anniversary of the union's founding on December 9, 2022 in New York City. Over the past year and a half, Starbucks has been waging a bitter fight against unionization efforts. During a hearing before the Senate Health, Education, Labor, and Pensions Committee about the company’s labor practices on Wednesday, one former employee said he was wrongfully fired after organizing.
REUTERS/Julia NikhinsonWASHINGTON/NEW YORK, March 29 (Reuters) - Starbucks' former Chief Executive Howard Schultz defended himself and the coffee chain against allegations of "union busting" at a U.S. Senate committee hearing in Washington on Wednesday. Senator Bernie Sanders, Chair of the Senate Health, Education, Labor, and Pensions Committee, told Schultz that "Starbucks has waged the most aggressive and illegal union busting campaign in the modern history of our country." "These are allegations and Starbucks has not broken the law," Schultz told Sanders during the hearing. His return to Starbucks as its interim leader in April 2022 was "95% focused on the operations of the business" and his involvement in the company's union strategy has been "de minimis," Schultz said. Republicans defended Schultz, praising the company's competitive wages, health benefits, employee stock purchase program and other benefits.
New York CNN —Senator Bernie Sanders, who has roundly criticized former Starbucks CEO Howard Schultz over the company’s blatant attempts to shut down its own workers’ unionization efforts, will finally get to question Schultz during a Senate hearing Wednesday. It’s a relatively small number compared to the roughly 9,300 company-operated Starbucks stores in the United States. Howard Schultz at the Starbucks annual shareholder meeting in Seattle, Washington on March 22, 2017. “Starbucks respects the right of all partners to make their own decisions about union representation,” Schultz said. In prepared remarks for the hearing, Schultz argued that “Starbucks has engaged in good faith bargaining,” saying that delays are coming from the union.
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailCredible whistleblowers say NLRB putting 'thumb on the side of the employees': Sen. Bill CassidySen. Bill Cassidy (R-La.) joins 'Squawk Box' to discuss how he views the current state of the NLRB, whether Starbucks has done something wrong in its labor fight, and more.
The general counsel of the NLRB determined that the coffee chain violated labor law by refusing to participate in collective bargaining sessions if some workers were present via video-conference, the report said. "Now that it's clear we have the right to bargain using a virtual component, we hope Starbucks is ready, too," Tyler Keeling, a Starbucks' union leader from California said in a statement. Starbucks and the NLRB did not immediately respond to Reuters request for comment. Employees at more than 280 out of Starbucks' roughly 9,000 company-operated U.S. locations have voted to join a labor union since 2021. The union is seeking better pay and benefits, improved health and safety conditions and protections against unfair dismissal and discipline.
Starbucks, union at odds over hybrid negotiations
  + stars: | 2023-03-28 | by ( ) www.reuters.com   time to read: +2 min
March 28 (Reuters) - Starbucks Corp (SBUX.O), which has faced criticism over its opposition to union organizing, said the labor union representing some of its stores has rejected in-person bargaining sessions and is insisting on hybrid negotiations. Starbucks Workers United, which represents thousands of U.S. baristas at about 200 cafes, conducted unauthorized virtual broadcasts of bargaining sessions without prior agreement from all parties, Starbucks said in a statement to Reuters on Monday. "Workers United is asking for a seat at the table, we're simply encouraging them take their seat in-person at the negotiating table, as required, to move the bargaining process forward," the company said. This comes after National Labor Relations Board (NLRB) prosecutors alleged that Starbucks violated labor law by refusing to engage in bargaining if some workers were attending remotely via videoconference, according to a Bloomberg report. "Now that it's clear we have the right to bargain using a virtual component, we hope Starbucks is ready, too," Tyler Keeling, a leader of the Starbucks Workers United in California said.
New York CNN —Chipotle Mexican Grill will pay a total $240,000 in salary and back pay to the former employees of an Augusta, Maine, restaurant that the company shuttered after the workers tried to unionize. The settlement payouts — which are based on pay rates, average hours and seniority — will range between $5,800 to more than $21,000 to each of the affected employees. It’s a win for food service workers across the country,” said Brandi McNease, a former Augusta Chipotle employee and lead organizer of the Chipotle United union. But the National Labor Relations Board, which oversees labor relations at most US businesses, filed a complaint in November alleging that the closing was an effort to defeat the union organizing. One other Chipotle location in Lansing, Michigan, has voted to be represented by a union.
The settlement is equivalent to the global revenue that Chipotle made in 15 minutes last year. The employees filed a petition to form a union last June — the first time Chipotle employees had taken that step. The payment will be split among the former location's employees, who will receive between $5,800 and $21,000 each based on their seniority, pay rate, and other factors, per the Journal. That math is based on Chipotle locations operating daily, and doesn't include locations closed on major holidays. Under the settlement, Chipotle will also offer the employees "preferential hiring" if they pursue jobs at the company's other locations in Maine.
New York CNN —Starbucks’ new CEO Laxman Narasimhan teased his plan for the company in a letter to employees. It includes working in Starbucks stores as a barista once a month. “Critically, we will reinvigorate our culture around what it means to be a partner at Starbucks,” Narasimhan continued. Starbucks employees react and cheer at the sound of honking motorists supporting them in a nationwide strike at the Starbucks at 1601 W. Irving Park Road on Dec. 16, 2022, in Chicago. Schultz, who remains on Starbuck’s board, is scheduled to testify about Starbucks’ labor practices during a Senate hearing next week.
March 22 (Reuters) - The House Education and Labor Committee on Wednesday issued a subpoena to the National Labor Relations Board (NLRB), alleging officials of the labor body failed to conduct fair and impartial union elections at Starbucks Corp (SBUX.O). She has requested a regional NLRB official to provide documents to see if the federal labor board mishandled Starbucks Union elections. The NLRB was investigating a substantial number of additional allegations against Starbucks and working with the Congress, the spokesperson added. Starbucks did not immediately respond to Reuters' requests for comment, while Starbucks Workers United declined to comment. Employees at more than 280 of Starbucks' roughly 9,000 company-operated U.S. locations have voted to join a labor union since 2021 seeking better pay and benefits, improved health and safety conditions and protection against unfair dismissal.
The report added the House Committee on Education and the Workforce asked a regional NLRB official to provide documents as to whether the labor body improperly influenced at least one Starbucks election. The top Republican on the House Education and Labor Committee, Virginia Foxx, wrote that she believes the NLRB has communications and documents outlining alleged misconduct in Starbucks elections, the report said. Foxx is seeking documents on the matter and has requested that the NLRB official provide the documents to the committee on March 29, the Journal reported, citing the subpoena. Starbucks, NLRB, the Starbucks Workers United and GOP did not immediately respond to Reuters' requests for comment. Starbucks workers have also filed more than 500 charges against the company with the NLRB, which has ordered the company to reinstate 22 fired employees including some union supporters.
March 22 (Reuters) - A recent U.S. labor board ruling limiting what employers can include in severance agreements is a reminder that companies must be careful not to ask workers to sign away their rights, the agency's top prosecutor said on Wednesday. National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo in a memo to agency staff said the February decision prohibits agreements that restrict workers' ability to file lawsuits or communicate with the board, unions and the media. The decision also applies retroactively, Abruzzo said, meaning agreements offered to workers before the NLRB decided last month's case could still be deemed illegal. In the new ruling, the board found a Michigan hospital operator broke the law by offering workers severance agreements that included confidentiality and non-disparagement provisions, because they could discourage workers from filing complaints with the NLRB or publicizing labor disputes. Companies routinely ask laid-off workers to sign agreements in exchange for severance pay that limit their ability to file employment-related lawsuits and bar them from disparaging their former employers.
Contracting firm Cognizant is pushing back as contractors for YouTube Music begin union elections. In October, YouTube Music contractors announced their plans to unionize with the Alphabet Workers Union (AWU), which represents more than 1,200 full-time Googlers and contractors doing work for the company through outsourcing firms. The YouTube Music contractors will hold a union election on Wednesday. Sam ReganCognizant required YouTube Music contractors to work from its Austin office starting February 6. YouTube Music contractors are voting to unionizeAfter the union election on Wednesday, the National Labor Relations Board will hold a vote count on April 26 to determine whether a majority of YouTube Music workers voted in favor of collective bargaining.
New York CNN —Starbucks’ new CEO Laxman Narasimhan has taken over the reins from interim CEO Howard Schultz, about two weeks sooner than planned. In addition to taking over as CEO, Narasimhan joined the board Monday. Incoming CEO Laxman Narasimhan speaks from the stage during Starbucks Investor Day, Tuesday, Sept. 13, 2022, in Seattle. He remains on the Starbucks board. During his time as interim CEO, Schultz laid out a “reinvention” plan that would update stores and, he said, improve conditions for workers.
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