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☆ Starbucks to Offer ‘Clearer’ Store Décor Guidelines After Pride Clash
▼ + stars: | 2023-06-27 | by ( J. Edward Moreno | ) www.nytimes.com time to read: +2 min

Starbucks Workers United said on Monday that the strike would go on unless the company agreed to come to the bargaining table. “While we are glad Starbucks is finally reconsidering its position on pride decorations, Starbucks continues to ignore that they are legally required to bargain with union workers — that’s the power of a union,” the union said in a statement. A Starbucks spokesman said only about 12 stores have had to close each day since the strike began. “The union’s violations have ignited and inflamed workplace tension and division and provoked strikes and other business disruptions in Starbucks stores,” the charges said. In response to tensions with the union, Starbucks adopted a stricter dress code and décor policy to prevent workers from filling stores with union paraphernalia.

Persons: —, Bud Light, influencer Organizations: Starbucks, Starbucks Workers, National Labor Relations Board, Pride

[1/5] Starbucks workers attend a protest as part of a collective action over a Pride decor dispute, outside a Starbucks shop in Manhattan in New York City, New York, U.S., June 25, 2023. About a dozen Starbucks workers picketed outside New York's Astor Place location in lower Manhattan on Sunday afternoon near the route of the city's Pride parade, chanting: "New York is a union town! Starbucks spent decades building its reputation as a progressive company that supports LGBTQ+ workers and customers. Maggie McKeon, who was headed into the Starbucks at Astor Place, turned around after learning about the strike. Sam Cornetta, a barista at the Farmingville, New York, Starbucks, who joined coworkers on strike at Astor Place on Sunday, said the company was alienating LGBTQ+ workers.

Persons: David Dee Delgado, Lynne Fox, we've, Jackie Zhou, Maggie McKeon, McKeon, baristas, Arthur Pratt, Pratt, Sam Cornetta, They've, Hilary Russ, Caroline Valetkevitch, Vanessa O'Connell, Lananh Nguyen, Diane Craft Organizations: REUTERS, Starbucks Corp, Workers, Starbucks, Seattle, Workers United, Reuters, U.S, Supreme, Pride, Seattle Gay, Human Rights, HRC, National Labor Relations Board, Thomson Locations: Manhattan, New York City , New York, U.S, Astor, York, New York City, San Francisco, Chicago, Portland , Oregon, , New York, Ashland , NY, New York

☆ In Union Votes, 11% Can Make a Majority
▼ + stars: | 2023-06-25 | by ( F. Vincent Vernuccio | ) www.wsj.com time to read: 1 min

Journal Editorial Report: The week's worst and best from Kim Strassel, Kyle Peterson and Dan Henninger. Image: Richard B. Levine/Zuma PressShould three people control the future of a coffee shop with 28 employees? In an election last year, three workers voted to unionize, one voted no, and 24 didn’t participate. The election hasn’t been certified by the National Labor Relations Board, but it illustrates a problem in many unionization campaigns. Unions should be required to secure approval by a certain threshold of workers before organizing a business.

Persons: Kim Strassel, Kyle Peterson, Dan Henninger, Richard B, Levine Organizations: National Labor Relations Board Locations: Riverside , Calif

☆ New Senate legislation seeks to revise national labor law, targeting port union workers
▼ + stars: | 2023-06-22 | by ( Lori Ann Larocco | ) www.cnbc.com time to read: +5 min

The legislation, sponsored by Idaho Republican Senator Jim Risch, would amend the National Labor Relations Act and the Labor Management Relations Act of 1947 to deter labor slowdowns and prohibit labor organizations from blocking the modernization of ports. It estimated a more widespread strike along the West Coast could cost approximately $1 billion per day. The recent union workers slowdowns impacted key transportation operations, including truckers, the freight rails and ocean vessels. As a result of the slowdowns, $5.2 billion in cargo was stuck off the West Coast ports. "The PLUS Act takes the important step of making intentional labor slowdowns an unfair labor practice.

Persons: slowdowns, Jim Risch, Ted Budd, Mike Crapo, Biden's, Julie Su, Risch, Biden, AB5, Budd, Crapo Organizations: Warehouse Union, Senate, Idaho Republican, National Labor Relations, Labor Management Relations, Pacific Maritime Association, U.S . Chamber, Commerce, Union Pacific, CNBC, Labor, California Labor, Workforce Agency, Capitol, Big Labor Locations: West Coast, West, Idaho, U.S, Los Angeles, Long, Port, Seattle, United States, North

☆ In Philly, union members say they don't care about Biden's age: 'I never heard someone who is Catholic say the pope is too old'
▼ + stars: | 2023-06-17 | by ( Charles R. Davis | ) www.businessinsider.com time to read: +8 min

Union members told Insider they are not too concerned about Biden's age or electability. "I never heard someone who is Catholic say the pope is too old," one union member said. Biden's path to reelection depends in part on touting those achievements and turning out union members in November 2024. "There are a lot of politicians in this country who can't say the word 'union,'" Biden said Saturday afternoon, supporters in colorful union merchandise cheering behind him. At Saturday's rally, however, union members insisted it is not a concern — and that the discourse around it is an indictment of the times.

Persons: Joe Biden, —, Jaysin Saxton, Saxton, we've, Biden, Pennsylvania, Donald Trump, John Fetterman, Mary Samaroo, Samaroo, Trump, Nora Dumenigo, Dumenigo, Renee Dozier, Mike Brown, he's, Brown Organizations: Saturday . Union, Service, Starbucks, National Labor Relations, AFL, University of Pennsylvania, Pennsylvania's Democratic Party, Senate, of Health, Human Services, Service Employees International Union, SEIU, Republican, Miami International Airport, International Brotherhood of Electrical Workers Locations: Philadelphia, Augusta , Georgia, Pennsylvania, Scranton, Queens, Afghanistan, Cuba, Boston

☆ YouTube TV contractors allege in NLRB complaint they were terminated in response to broader union organizing efforts
▼ + stars: | 2023-06-16 | by ( Thomas Maxwell | ) www.businessinsider.com time to read: +5 min

They allege they were let go as a union movement among Google contractors began to make inroads. The Alphabet Workers Union has filed a new complaint on Friday with the National Labor Relations Board against Google and its contractor Cognizant on behalf of three contract YouTube TV workers who were terminated. But Google told Insider that the layoffs occurred because it ended the YouTube TV contract. Mencini also said the company has "had many contracts with unionized suppliers and have no objection to Cognizant workers organizing or joining a union." Insider also previously reported that the AWU claims that Cognizant held meetings with YouTube TV contractors where they repeated anti-union talking points.

Persons: they'd, it's, we've, Courtenay Mencini, Mencini, Cognizant Organizations: Google, Alphabet Workers Union, National Labor Relations Board, YouTube, Austin, NLRB, YouTube Music Locations: Austin , Texas, Austin

☆ Amazon reinstates Bessemer, Alabama warehouse worker and union face Jennifer Bates
▼ + stars: | 2023-06-15 | by ( Clare Duffy | ) edition.cnn.com time to read: +3 min

New York CNN —An Amazon worker and union organizer has been given her job back after she appealed her firing by the e-commerce giant earlier this month. Amazon on Thursday confirmed that it had reinstated Jennifer Bates — who became the face of the effort to unionize an Amazon facility in Bessemer, Alabama — following its appeals process. Bates had received notice of her termination from Amazon in early June. Amazon workers at a New York warehouse voted to form the company’s first US union last year, although Amazon has since refused to recognize the union or come to the bargaining table. Other efforts to unionize Amazon facilities, including one across the street from the New York warehouse, have failed.

Persons: Jennifer Bates —, Bates, I’m, ” Bates, Mary Kate Paradis, –, Catherine Thorbecke Organizations: New, New York CNN, Amazon, Wholesale, Department Store Union, CNN, National Labor Relations Board Locations: New York, Bessemer , Alabama, United States

☆ Opinion | There Is One Group the Roberts Court Really Doesn’t Like
▼ + stars: | 2023-06-06 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

Glacier’s non-unionized workers were able to remove the concrete before the trucks were significantly damaged, but the company sued the Teamsters in state court anyway for damages relating to lost revenue from the wrecked concrete. The Washington State Supreme Court dismissed the suit on the grounds that the dispute was “pre-empted by the National Labor Relations Act.”The Supreme Court took Glacier’s appeal. Under Garmon, employers must first receive a favorable ruling from the National Labor Relations Board if they want to sue a union for striking in state court. Tossing Garmon would bring labor law much closer to its pre-N.L.R.A. “They are employees whose collective and peaceful decision to withhold their labor is protected by the N.L.R.A.

Persons: Roberts, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, Neil Gorsuch, Clarence Thomas, Samuel Alito, Ketanji Brown Jackson, ”, “ Organizations: Teamsters, Washington, Court, National Labor Relations, Washington State, National Labor Relations Board, “ Workers Locations: Washington, San Diego

☆ Supreme Court ruling could chill labor strikes
▼ + stars: | 2023-06-02 | by ( John Kruzel | ) www.reuters.com time to read: +5 min

Angela Cornell, a Cornell Law School labor law professor, called it "another decision that undermines the capacity of unions to function." MORE STRIKESThe ruling comes at a time of increasing strikes called by U.S. labor unions. Some experts pointed out that the ruling largely preserved the existing legal scaffolding for deciding labor law preemption cases of this kind. The Supreme Court, with its 6-3 conservative majority, has dealt setbacks to organized labor in key cases in recent years. Brudney said Thursday's ruling "was not comparable to that broader trendline" of decisions weakening labor unions.

Persons: Amy Coney Barrett, Angela Cornell, Cornell, Kenneth Dau, Schmidt, Benjamin Sachs, Sachs, Dan Altchek, Saul Ewing, Altchek, James Brudney, Brudney, Anne Marie Lofaso, Lofaso, John Kruzel, Will Dunham Organizations: U.S, Supreme, Taiheiyo Cement Corp, Cornell Law School, Indiana University Maurer School of Law, Harvard Law, Glacier, Inc, International Brotherhood of Teamsters, National Labor Relations, U.S . Bureau of Labor Statistics, Fordham University Law, West Virginia University College of Law, Thomson Locations: Japan, Washington, Philadelphia, California

☆ Amazon fires Alabama warehouse worker who led union push
▼ + stars: | 2023-06-02 | by ( Catherine Thorbecke | ) edition.cnn.com time to read: +3 min

And I’ve given every fiber of my soul into organizing Amazon these past three years,” Bates said in a statement Friday. Amazon workers at a New York warehouse voted to form the company’s first US union last year, though Amazon has since refused to recognize the union or come to the bargaining table. Other efforts to unionize Amazon facilities, including one across the street from the New York warehouse, have failed. The closely-watched union election at the Bessemer facility ended with the results too close to call due to hundreds of challenged ballots. “Amazon’s behavior must not go unchallenged, and workers in Bessemer, Alabama must have their rights protected under the law.”

Persons: Jennifer Bates, “, I’ve, ” Bates, ”, Bates “, Bates, ” Mary Kate Paradis, we’ve, Stuart Appelbaum, Appelbaum, ” Appelbaum Organizations: CNN, Wholesale, Department Store Union, Amazon, National Labor Relations Board Locations: Alabama, Bessemer , Alabama, United States, New York, Amazon

Glacier Northwest is a unit of Japan-based Taiheiyo Cement Corp. (5233.T)Glacier Northwest filed a lawsuit in Washington state court accusing the union of intentional property destruction during a 2017 strike. The Washington state Supreme Court in 2021 ruled that the company's claims were preempted by a statute called the National Labor Relations Act (NLRA), saying the company's loss of concrete was incidental to a strike that could be considered arguably protected under federal labor law. The Supreme Court, with its 6-3 conservative majority, has leaned toward curbing the power of labor unions in rulings in recent years. Teamsters General President Sean O'Brien said the Supreme Court had "again voted in favor of corporations over working people." While the Supreme Court has found that labor unions can be sued in state court for violent or threatening conduct, the union had argued, this narrow exception should not be expanded to permit property damage claims brought under state law.

Persons: Amy Coney Barrett, Barrett, Ketanji Brown Jackson, Noel Francisco, Sean O'Brien, O'Brien, Joe Biden's, John Kruzel, Will Dunham Organizations: U.S, Supreme, Glacier Northwest Inc, International Brotherhood of Teamsters, National Labor Relations, Taiheiyo Cement Corp, Conservative, Liberal, Teamsters, Thomson Locations: Washington, Japan, California

☆ Noncompete clauses 'chill' worker rights and are usually illegal, NLRB lawyer says
▼ + stars: | 2023-05-30 | by ( Charles R. Davis | ) www.businessinsider.com time to read: +5 min

Noncompete clauses likely violate federal labor law, NLRB's general counsel wrote Tuesday. Criticism from across the aisleWorker advocates have long maintained that noncompete clauses are an unjust infringement on liberty that reduces employees' earning potential. But noncompete clauses have also attracted critics on the right. The criticism from both sides of the political spectrum comes as noncompete clauses have expanded from high-salary workers in fields such as technology and finance to lower-wage professions, such as fast food. That proposed rule, which will be subject to a legal challenge if and when it is finalized, came after the White House encouraged the commission to tackle noncompete clauses, framing them as a barrier to healthy competition and wage growth.

Persons: NLRB's, —, Joe Biden, Jennifer Abruzzo, Biden, Najah Farley, John Lettieri, Insider's Juliana Kaplan Organizations: Workers, Service, Companies, National Labor Relations Board, National Labor Relations Act, Worker, National Employment Law, American Enterprise Institute, Federal Trade Commission, House Locations: Abruzzo, California , Massachusetts, Illinois

USC, the NCAA and the Pac-12 Conference, which is also named in the complaint, did not immediately respond to requests for comment on Friday. The board in December had said it found merit to charges filed by a group of USC players seeking to be treated as employees, and said it would issue a complaint absent a settlement. The U.S. Supreme Court in 2021 struck down the NCAA's limits on non-cash compensation for athletes, such as scholarships and paid internships. Several states including California have passed laws letting college athletes profit from their name, image and likeness rights. The USC case is the first filed by the board since its top lawyer, in a 2021 memo, asserted that college athletes should be classified as employees because they provide services that generate profits controlled by their schools.

☆ Dancers at a topless bar in LA are set to become the first unionized strippers in the US in a decade
▼ + stars: | 2023-05-19 | by ( Sawdah Bhaimiya | ) www.businessinsider.com time to read: +3 min

Employees at Star Garden Topless Dive Bar in North Hollywood California voted to unionize. Employees including dancers, entertainers, and DJs want to be represented by the Actors Equity Association. They will become the first union of strippers in the US in a decade. "I'm excited that all of my beautiful coworkers will finally have a seat at the table and a voice to discuss safety and other issues," Sinder, a Star Garden dancer told CNN. Insider reached out to Star Garden, the NLRB, Actors Equity Association, and Stripper Strike Noho but did not immediately hear back outside of regular working hours.

☆ First union of strippers in a decade expected to form this week
▼ + stars: | 2023-05-18 | by ( Natasha Chen | ) edition.cnn.com time to read: +2 min

CNN —Strippers from the Star Garden Topless Dive Bar in North Hollywood have unanimously won their union election, in a 17-0 vote, creating the first union of strippers in the United States in about a decade. The ballots were opened at 11 am PT today by the National Labor Relations Board in Los Angeles. The ballots were impounded in November after the strippers voted, due to the club challenging most ballots at the time. Since announcing on Tuesday that the dancers and the club had come to an agreement, the NLRB scheduled the opening of the ballots Thursday. “We’re hopeful that we could send some shockwaves through the industry,” said Velveeta, one of the strippers, who spoke to CNN on Tuesday evening.

☆ Color of Change, pioneering racial-justice nonprofit, is plagued by allegations of sexual assault and bullying, ineffective leadership, and deep layoffs say sources
▼ + stars: | 2023-05-17 | by ( Sean Campbell | ) www.businessinsider.com time to read: +16 min

Misconduct by senior leadership was often ignored or glossed over, and choas led to high turnover. But behind the scenes, some staff members say the organization has been wracked with internal turmoil, ineffective leadership, and deep layoffs. Many sources said allegations of misconduct by senior leadership seemed to be ignored or glossed over, and a chaotic environment led to high turnover. The following day, Color of Change eliminated another 12 positions, and again, many of them were part of the union. (Color of Change did not report executive salaries on its 2020 tax filings and has not released its 2021 returns.)

☆ Strippers and California Club Reach Accord on Union After Long Fight
▼ + stars: | 2023-05-16 | by ( Noam Scheiber | Ava Sasani | ) www.nytimes.com time to read: +1 min

“We felt like we could help them,” Ms. Shindle said in an interview during last fall’s mail-in election. Some said the physical space was often hazardous, including exposed nails and holes onstage and broken glass on the floor. Lilith and other dancers asked not to be identified by their legal names for fear of being harassed or stalked. Another dancer, who uses the name Velveeta, said the club put dancers at risk by allowing customers to linger after hours. “Customers will be there watching us cash out, seeing the cash we’re taking with us,” she said.

☆ First strippers’ union in a decade is expected to form this week
▼ + stars: | 2023-05-16 | by ( Natasha Chen | ) edition.cnn.com time to read: +2 min

The negotiation is expected following a settlement hearing with union attorneys. When ballots are officially opened later this week, the strippers are expected to overwhelmingly win the union election, forming the first known union of strippers in the United States since the nation’s only unionized strip club, the Lusty Lady, closed in San Francisco in 2013. But with stipulation from the National Labor Relations Board and involved parties, the Star Garden owners will seek to dismiss its bankruptcy case, so that it can reopen in 30 to 60 days. Velveeta, a stripper, addresses the crowd attending a rally in support of strippers from the Star Garden Topless Dive Bar on August 19, 2022 in North Hollywood. “Every worker who wants a union deserves a union.

☆ Google is downsizing its contract workforce that supports YouTube, shortly after one contractor team's union victory
▼ + stars: | 2023-05-15 | by ( Thomas Maxwell | Hugh Langley | ) www.businessinsider.com time to read: +5 min

Workers in Austin recently formed a collective bargaining group with the Alphabet Workers Union. The move comes shortly after a group of Cognizant workers supporting YouTube Music voted 41-0 in favor of unionizing with the Alphabet Workers Union, which is affiliated with the Communications Workers of America, a larger trade union. The cuts did not impact the YouTube Music team, which helps curate themed playlists and review song metadata. The Cognizant team supporting YouTube TV had been in early talks to form their own union following the group at YouTube Music, according to three workers there. Cognizant also confirmed in an email that its contract supporting YouTube TV is ending.

☆ Misclassifying employees as gig workers creates 'a race to the bottom' for businesses, Biden's top labor and antitrust regulators say
▼ + stars: | 2023-05-14 | by ( Ethan Dodd | ) www.businessinsider.com time to read: +6 min

Businesses have an incentive to misclassify workers as contractors to undermine their competitors, according to the DOJ Antitrust Division. It's just the tip of the iceberg when it comes to those called "gig workers" — freelancers, contractors, on-call workers, and temp agency workers, who for decades have increasingly replaced full-time employees as independent contractors. Not so for gig workers. In 2018, 20% of workers were contract workers, and 65% of part-time workers and over half of contract workers went without benefits, according to NPR. "Our goals are the same," Abruzzo said, as NLRB and DOJ Antitrust want to end "misclassification and employment structures that cause vertical constraints on competition."

Judges and the National Labor Relations Board have found the company violated federal labor law in several other cases. The Memphis store is one of nearly 300 Starbucks cafes in the United States to unionize since late 2021. More than 540 complaints have been filed with the labor board accusing Starbucks of illegal labor practices such as firing union supporters, spying on workers and closing stores during labor campaigns. Starbucks has argued that the Memphis workers were fired for violating company safety policies and has said it respects the unionization process. Starbucks and Starbucks Workers United, the union waging the nationwide campaign, did not respond to requests for comment on Wednesday.

☆ GC Agenda: May 2023
▼ + stars: | 2023-05-01 | by ( Practical Law The Journal | ) www.reuters.com time to read: +23 min

Clawback Listing StandardsPublic companies should be aware that proposed NYSE and Nasdaq clawback listing standards may be in place earlier than expected. Organizations may use biometric data in a variety of ways, including when:tracking employee time; restricting access to physical and digital assets; monitoring consumer shopping behavior; and integrating biometric data into consumer products and services. Consider whether the organization’s current policies and procedures meet applicable biometric data handling requirements, including notice, consent, retention, storage, and security obligations. Review applicable laws and obligations when contracting with service providers that handle biometric data and continuously monitor their performance. In February 2023, the NYSE and Nasdaq filed proposed new listing standards, which contemplated that they could become effective as early as April 27, 2023.

☆ 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.

The Democrat-led board in a 3-1 decision said it was reverting back to a decades-old "setting specific" test for determining when workers' abusive conduct is still protected by federal labor law. Lion claimed the worker's conduct was so offensive that the firing was warranted, but the board disagreed and ordered the company to reinstate him. In a statement, NLRB Chair Lauren McFerran said the General Motors decision broke with decades of court precedent and failed to adequately consider the rights of workers. The board since at least the 1970s had analyzed on a case-by-case basis whether offensive conduct made in the course of a workplace dispute is protected. The case is Lion Elastomers LLC, National Labor Relations Board, No.

☆ Earnings playbook: The second half of the season kicks off with Apple, Ford and a pharma giant
▼ + stars: | 2023-04-30 | by ( Fred Imbert | ) www.cnbc.com time to read: +9 min

What history shows: Data from Bespoke Investment Group shows Pfizer beats earnings expectations 87% of the time. Ford Motor is set to report earnings after the close, followed by a call at 5 p.m. What history shows: Ford earnings outperform earnings expectations 69% of the time, per Bespoke. AMD is set to report earnings after the close, with management scheduled to hold a conference call at 5 p.m. Friday Warner Bros Discovery is set to report earnings before the open, followed by a conference call at 8 a.m.

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