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Supreme Court Sides with Starbucks in Consequential Ruling for Unionization Efforts

Jun 18, 2024

On Thursday, June 13th, 2024, the U.S. Supreme Court ruled 8-1 in favor of Starbucks on a matter relevant to workplaces experiencing unionization efforts. Starbucks Corp. v. McKinney relates to events that occurred in February of 2022, as several employees at a Starbucks storefront in Memphis, Tennessee announced their plans to unionize. As a result, they invited a local news crew to the franchise’s location to discuss their intentions and promote their efforts towards unionization. As a result of this invitation and subsequent interview, Starbucks fired most of the workers in question stating that by conducting interviews at the storefront after hours, they had violated company policy.


As a result of the firings, The National Labor Relations Board (NLRB), who oversees unionization efforts, filed a complaint against Starbucks, accusing them of unfair labor practices in attempting to bar unionization efforts. The NLRB simultaneously filed a petition seeking a preliminary injunction for the duration of the proceedings that would, among other requests, require Starbucks to reinstate the employees terminated as a result of unionization attempts. Starbucks challenged the NLRB’s issuance of a preliminary injunction, with a district court subsequently siding with the NLRB and issuing a temporary injunction which required Starbucks to rehire the affected employees just 6 months after their termination. Starbucks proceeded to appeal this decision at the 6th U.S. Circuit Court of Appeals, who ultimately upheld the forementioned ruling leading Starbucks to appeal with the Supreme Court.


The Court’s ruling decided a question that has split among districts, which is the standard by which preliminary injunctions are granted in response to a NLRB petition. The Court rejected a rule used by half of districts, instead opting to adopt a stricter test by which the NLRB must adhere to be granted a preliminary injunction during labor proceedings. This stricter test has four steps, that 1) the NLRB must be likely to succeed on the merits, 2) that the union will suffer irreparable harm in the absence of preliminary relief (i.e. a preliminary injunction), 3) that the balance of equities tips in the NLRB’s favor and 4) that a preliminary injunction is in the public interest. This is contrast to the more lenient standard favored by other courts, the only question being whether the NLRB’s request for preliminary injunction has reasonable cause to believe that unfair labor practices had occurred. The Court’s imposition of a stricter standard will most likely make it harder to challenge anti-union actions and put a damper on unionization activities.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

07 Jun, 2024
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division published Field Assistance Bulletin (FAB) No. 2024-1, Artificial Intelligence and Automated Systems in the Workplace Under the Fair Labor Standards Act and Other Federal Labor Standards. This FAB issues guidelines and explores the risks associated with the use of AI and other technologies in the workplace. The main emphasis of the FAB is that AI is not a substitute for human oversight and that there must be responsible human oversight in tandem with the use of AI technologies. The risks and challenges highlighted by this bulletin in relation to AI use in employment include: Appropriately tracking hours works, monitoring breaks and calculating wages; Setting schedules, assigning tasks’ Managing break times and assessing worker productivity; Determining eligibility, calculating available leave, determining if an employee is qualified to take leave, and requesting documentation needed in regard to handling leave requests; Properly navigating the needs of employees covered under the PUMP Act without limiting their breaks or negatively reflecting on their worker productivity their Ensuring proper compliance with the Employee Polygraph Protection Act (“EPPA”) Law. It is important to note that, even if an AI technology or other technology is taking adverse action against an employee, this can still be construed as retaliation under the FLSA and other related laws. Moreover, the use of AI and other automated systems used to surveil employees for protected activity and to take adverse actions could violate anti-retaliation laws. The use of such technologies has potential benefits to a workplace and to both the employees and the employer. It is the responsibility of employers to ensure that their use of AI and other technologies complies with all relevant laws. Employers can mitigate their risk of any potential law violations by ensuring there is human oversight to the technologies. You can read more about the DOL's ruling on their website by clicking here . If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
07 Jun, 2024
Elaine Reall, Esq. of The Royal Law Firm conducted a seminar teaching employers how to conduct an effective workplace investigation if the need arises. This seminar was held on Wednesday, June 5, 2024. Attorney Reall led a round-table discussion covering the following topics: Investigation 101 Investigatory Road Map How to Conduct an Effective Workplace Investigation Talked Through Different Scenarios as a Group During this seminar Attorney Reall guided attendees through every stage of carrying out an exhaustive and successful workplace investigation. Each step in the process was discussed in detail to ensure that if any situation arises, you as the employer are ready. Please feel free to contact any of the attorneys at The Royal Law Firm if you have any questions on any of these topics!
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