Skip to main content

What I've Been Reading This Week


The battle over classifying workers as independent contractors rather than employees...a tale as old as time.  The Atlantic examined the cannabis industry in California and pondered whether workers being reclassified has been beneficial to either, both, or neither party.  With other related gig company workers seeking to be classified as employees rather than independent contractors, perhaps this situation in California could serve as a litmus test as to the viability of re-classifying workers in this industry?

As always, below are a couple articles that caught my eye this week.


Long Island Target Workers Reject Union Representation

Back in 2015, I had highlighted an attempt by workers to unionize at a Target store in Brooklyn.  That unionization effort was rare as Target has both been proactive in combating unionization of its workplaces as well as the fact that so few union elections had occurred at Target previously.  It has been somewhat quiet since that time in regard to Target and labor unions...until earlier this month when an election was held at a Target store in Long Island.  With about 200 eligible workers able to participate, the vote ended up being 118-39 against unionization.  As the Bloomberg article speculates, this resounding defeat could mean that even fewer unionization efforts will be attempted at Target going forward.  I think this is quite likely, due in no small part to the company's continued efforts to combat unionization and the lack of a solid track record of unionization for big labor to rely upon to justify taking on a prolonged fight against the company.



The HR Bartender published an article last week that addressed what happens when an employee wants to go on the record or ask that a matter be kept confidential.  In short, as the article points out, while there are specific circumstances in which information would need to be kept confidential (such as medical information), many other things that are presented to HR do not need to be kept confidential.  With that being said, it is noted that the law is not 100% clear on what precisely what HR needs to keep confidential given differing rules from the National Labor Relations Board and the Equal Employment Opportunity Commission.  A good rule of thumb, if in doubt, is to consult an employment law attorney.



Alana Semuels at The Atlantic took a close look at what happens when independent contractors (in the gig economy) become actual employees.  Using cannabis companies in California as an example (that are now required to classify their drivers as employees), Semuels considers whether this change in identification has been good for both workers and employers.  The jury is still out on the matter, but the article is well worth a read. 

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...
1 comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more