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Starbucks dress code didn't violate NYC workers' labor rights, US court rules

Starbucks dress code didn't violate NYC workers' labor rights, US court rules

By Daniel Wiessner Sept 2 (Reuters) - A U.S. appeals court on Wednesday reversed a federal labor board ruling that said Starbucks broke the law by barring workers at a flagship Manhattan store with a "steampunk hipster vibe" from wearing t-shirts or multiple pins supporting a union.

NLRB Upholds Microsoft's Termination of Employees for Non-Workplace Gaza Protest

NLRB Upholds Microsoft's Termination of Employees for Non-Workplace Gaza Protest

The National Labor Relations Board (NLRB) Division of Advice has concluded that Microsoft lawfully terminated two employees who organized a protest concerning the war in Gaza at the company's Redmond, Washington headquarters. The NLRB determined that the protest's connection to workplace concerns was too tenuous to warrant protection under the National Labor Relations Act (the Act). In May 2024, Microsoft employees initiated a petition demanding, among other things, that the company sever its Azure contracts with the Israeli government. Months later, the two employees organized an on-campus demonstration involving a walkout, vigil, speaker series, and fundraiser. Microsoft security informed the organizers that the event could not take place on campus and advised them to move to public property. After repeated requests were ignored, Microsoft terminated the employees for violating company policy and disregarding security directives.

Red Rock Casino Seeks Supreme Court Intervention to Halt Union Bargaining Order

Red Rock Casino Seeks Supreme Court Intervention to Halt Union Bargaining Order

Red Rock Casino Resort and Spa, a Las Vegas casino, has petitioned the U.S. Supreme Court for an emergency stay to delay compliance with a National Labor Relations Board (NLRB) order. This order mandates the casino to negotiate with a union. The request for intervention follows a decision in June by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld the NLRB's ruling against Red Rock. The D.C. Circuit court had previously declined to pause its mandate while the casino prepares to challenge the decision at the Supreme Court. The casino's appeal to the highest court signifies its continued resistance to the union bargaining requirement.

D.C. Court of Appeals Strikes Down NLRB's 'Successor Bar' Doctrine, Impacting Unionized Business Acquisitions

D.C. Court of Appeals Strikes Down NLRB's 'Successor Bar' Doctrine, Impacting Unionized Business Acquisitions

The Court of Appeals for the District of Columbia recently ruled that the National Labor Relations Board's (NLRB) longstanding 'successor bar' doctrine is unlawful. This doctrine, established in UGL-UNICCO Service Co. (2011), compelled a successor employer acquiring a unionized business to recognize and bargain with an incumbent union for a period of six months to one year, even if the union lacked majority employee support. During this period, the union's majority status could not be challenged by employees, rival unions, or the employer. In the case of Hospital Menonita de Guayama v. National Labor Relations Board, the Court determined that this doctrine unlawfully insulated unions from challenges, conflicting with the National Labor Relations Act's (NLRA) fundamental guarantees of employee free choice and majority rule. The Court reasoned that the successor bar created an irrebuttable presumption of majority support and that the NLRB lacked statutory authority to create an additional, non-statutory one-...

OSG Appeals NLRB Decisions on Collective Bargaining Units for Maritime Fleets

OSG Appeals NLRB Decisions on Collective Bargaining Units for Maritime Fleets

OSG Appeals NLRB Decisions on Collective Bargaining Units for Maritime Fleets

Eleventh Circuit Upholds Qui Tam Mechanism Against Appointments Clause Challenge

Eleventh Circuit Upholds Qui Tam Mechanism Against Appointments Clause Challenge

The Eleventh Circuit Court of Appeals has rejected an argument that the False Claims Act's (FCA) qui tam mechanism violates the Constitution's Appointments Clause. This decision, made in the Zafirov case, overturns a district court ruling that had found FCA qui tams unconstitutional. The district court had argued that relators (private citizens who bring lawsuits on behalf of the government) qualify as 'Officers of the United States' and therefore must be presidentially appointed, which they are not. The Eleventh Circuit, aligning with other circuits that have addressed FCA constitutionality, determined that relators are not 'Officers of the United States' because they do not occupy a continuing position established by law. The court applied Supreme Court precedent, examining factors such as whether the position has permanent tenure, receives continuing emolument, and if duties continue even if the person changes. The Eleventh Circuit found that a relator's tenure is not permanent, their compensation is no...

EU Court Advocate General Rules Italian Police Tattoo Ban Discriminatory for Women

EU Court Advocate General Rules Italian Police Tattoo Ban Discriminatory for Women

The Advocate General of the Court of Justice of the European Union, Tamara Capeta, has issued conclusions stating that Italy's combined policy of banning visible tattoos for police recruits and requiring women to wear skirts in official ceremonies is discriminatory. This policy, applied to recruitment for Italian police forces, is deemed to penalize female candidates based on their sex. The case involves a woman, identified as HG, who was excluded from a police recruitment competition because she had a small flower tattoo on her left calf. Italian regulations prohibit police officers from having visible tattoos when in uniform, and the specific uniform for ceremonial occasions, which includes a skirt and low-cut shoes for women, would have made HG's tattoo visible. The Advocate General argues that if HG were a man, she would not have been excluded for a tattoo on her lower leg, highlighting the gender-specific impact of the combined rules. The ruling emphasizes that EU law prohibits sex-based discriminatio...

State-Level AI Regulations Mandate Employer Transparency in Data Processing

State-Level AI Regulations Mandate Employer Transparency in Data Processing

New state-level regulations in Connecticut and Colorado are increasingly linking artificial intelligence (AI) tools with existing comprehensive privacy statutes, particularly in employment settings. These laws define AI as technology that processes personal information and uses computation to generate output, thereby requiring employers to provide detailed notices when using AI for decision-making processes. Specifically, the Connecticut law, which begins to take effect later this year, mandates that employers using 'automated employment-related decision technology' (AEDT) must notify applicants and employees. This notice must include the purpose and nature of the employment decision, the trade name of the technology, and the categories and sources of personal data being used. While New York City's regulations have historically focused on bias audits, the recent shift in Connecticut and Colorado emphasizes transparency and notice, moving away from prioritizing bias analyses. Colorado's updated law also inc...

Iowa Attorney General Files Supreme Court Lawsuit Challenging State Authority in Antitrust Cases

Iowa Attorney General Files Supreme Court Lawsuit Challenging State Authority in Antitrust Cases

Iowa Attorney General Brenna Bird has filed a lawsuit before the Supreme Court, arguing that U.S. states should not be able to sue over mergers that have been approved by the federal government and various foreign countries, including China, Saudi Arabia, South Korea, and Kuwait. The lawsuit specifically references the Paramount-Warner Brothers merger as an example. According to Alvaro Bedoya, if this lawsuit is successful, it would prevent Iowans from seeking recourse if an agricultural conglomerate acquires another seed company, meatpacker, or processor within Iowa, provided the federal government has approved the merger. Bedoya highlights that this action would effectively nullify the nation's first antitrust law, which was originally passed in Iowa.

Federal Appeals Court Reinstates Bowe Bergdahl's Desertion Conviction

Federal Appeals Court Reinstates Bowe Bergdahl's Desertion Conviction

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit has ruled that a federal judge lacked the authority to overturn former U.S. Army soldier Robert 'Bowe' Bergdahl's 2017 court-martial conviction for desertion and misbehavior before the enemy. This decision effectively reinstates Bergdahl's conviction and sentence. Bergdahl had left his post in Afghanistan in 2009 and was subsequently captured by the Taliban-allied Haqqani network, held captive for five years. His release in 2014 was part of a controversial prisoner swap approved by President Barack Obama, exchanging five Taliban members held at Guantanamo Bay for Bergdahl. Following his return, Bergdahl pleaded guilty to desertion and misbehavior before the enemy in military court, receiving a dishonorable discharge, reduction in rank, and forfeiture of pay. The appeals court vacated the lower court's ruling and ordered Bergdahl's case dismissed for lack of jurisdiction, asserting that federal district courts do not hav...

Second Amendment's 'Well Regulated Militia' Clause Clarified by Supreme Court Precedent

Second Amendment's 'Well Regulated Militia' Clause Clarified by Supreme Court Precedent

The Second Amendment's 'well regulated Militia' clause does not limit the right to bear arms solely to individuals serving in an organized militia, according to controlling Supreme Court precedent. The Supreme Court, in *District of Columbia v. Heller*, established that the prefatory militia clause announces a purpose, while the operative clause protects an individual right to possess and carry arms for lawful purposes, including self-defense, unconnected with militia service. This ruling was later applied to the states through the Fourteenth Amendment in *McDonald v. City of Chicago*. The Court has clarified that while the militia clause explains a constitutional reason for protecting the people from disarmament, it does not make militia membership a prerequisite for exercising the right. The term 'well regulated' in 1791 referred to a militia made effective through discipline, training, organization, and law, not a justification for any modern firearm restriction.

U.S. Employment Lawyer Advises on Navigating Mental Health Leave

U.S. Employment Lawyer Advises on Navigating Mental Health Leave

Craig Levey, an employment law attorney in Boston, reports a significant increase in workers seeking leave for mental health reasons, including anxiety, depression, and suicidal ideation. He emphasizes the importance of understanding legal options under federal and state laws, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Levey advises employees to gather supporting evidence, like a doctor's note detailing their diagnosis and its impact on daily activities, and to formally notify their employer. Under the ADA, employers have an obligation to engage in an 'interactive process' to discuss the disability and potential reasonable accommodations. He stresses the need for employees to maintain a thorough paper trail of all communications and approvals to protect themselves, especially given the potential for employer retaliation.