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Employer Liability Issues Starbucks

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

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A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

BakerHostetler

A Labor Christmas Carol: A Cautionary Tale of Excluding Unionized Employees from Holiday Perks

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Employers should be wary of the Ghost of Christmas Yet to Come (and/or the National Labor Relations Board (NLRB)) before excluding unionized workers from holiday parties and similar perks given to nonunionized employees....more

BakerHostetler

Choose Your Words Carefully - Starbucks Violated National Labor Relations Act Due to CEO’s Comments During Virtual Q&A

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On October 2, 2024, the National Labor Relations Board (NLRB) found that Starbucks Corp. violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when CEO Howard Schultz made purportedly coercive comments to a...more

Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

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On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Foley Hoag LLP

The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

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On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more

Seyfarth Shaw LLP

SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

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In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more

Bradley Arant Boult Cummings LLP

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more

Bradley Arant Boult Cummings LLP

How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more

BakerHostetler

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

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When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Faegre Drinker Biddle & Reath LLP

NLRB Finds Secret Workplace Recordings to Be Protected Activity

On February 13, 2022, the National Labor Relations Board (NLRB) held that Starbucks violated federal labor law at multiple locations in Philadelphia in 2019 and 2020. The decision, issued by the NLRB’s three Democrats, found...more

Stevens & Lee

Dos, Don’ts and Takeaways for Employers: Navigating Increased NLRB Scrutiny Over Union Organizing Activity

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Facing a union organization drive in its stores around the Buffalo, NY, Starbucks was issued a complaint by the National Labor Relations Board (the NLRB “Board”) on May 6, 2022. The complaint asserts that Starbucks...more

Bradley Arant Boult Cummings LLP

High-Profile Employers Face Intense Union Organizing

Union efforts to organize workers are on the rise. Most notably, several high-profile employers are at the forefront of recent union campaigns, including Amazon, Starbucks and now Apple. Employees at Amazon’s Staten Island,...more

McAfee & Taft

Want a union card with your latte?

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For some, loyalty to a particular coffee brand rivals a person’s devotion to their college football team. Kathleen, my spouse, would crawl three miles over broken glass for her Starbucks Americano decaf. I favor QuikTrip and...more

Harris Beach Murtha PLLC

Emotional Distress Claims in Toxic Exposure Case Survive Motion to Dismiss

The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be recoverable. ...more

Womble Bond Dickinson

Two Class Actions Alleging Starbucks Violated FCRA’s Background Report Disclosure Requirements Are Grinding Toward Settlement

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Two pending class action lawsuits alleging coffee giant Starbucks violated the Fair Credit Reporting Act (“FCRA”) by relying on flawed background reports to decline employment to over 8,000 job applicants will likely settle...more

Amundsen Davis LLC

Don’t Let Your Lattes Go Cold When Employees Complain About Customer Harassment

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A currently pending federal case reminds us that hospitality employers could have claims for sexual harassment and discrimination brought against them based on the alleged inappropriate conduct of their customers. The...more

Seyfarth Shaw LLP

Oh, The Places The California Supremes Will Go!

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Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v....more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Best Best & Krieger LLP

Best In Law: No Off-The-Clock Work - BB&K Partner Joseph Ortiz Writes About The Starbucks Wage-And-Hour Class Action Decision In...

California’s wage-and-hour laws are the most protective in the country. These protections, however, often lead to bankrupting, class-action lawsuits. Originally posted in The Press-Enterprise and other Southern California...more

Fisher Phillips

Of Trifles And Truffle Mochas: How A Recent Case Against Starbucks May Impact Retailers

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This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...more

Payne & Fears

Key California Employment Law Cases: July 2018

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This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Troester v. Starbucks Corp., 235 Cal. Rptr. 3d 820 (2018) - Summary: Employer that requires...more

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