Labor News & Commentary December 15, 2023 Starbucks violated labor law in Salt Lake City store
https://onlabor.org/december-14-2023/
By Julio Colby
Julio Colby is a student at Harvard Law School.
In Todays News & Commentary: Florida considering rolling back child labor regulations; Starbucks violated labor law in Salt Lake City store; Eleventh Circuit raises FMLA retaliation standard creating a circuit split.
Florida is considering legislation that would relax child labor restrictions, allowing high school students to work longer hours and perform hazardous jobs under adult supervision. House Bill HB 49 would enable 16- and 17-year-olds to work extended hours, including at night, preempting local curfews preventing late-night work. Another bill, SB 460, proposes permitting teens to engage in construction work at heights over six feet, typically deemed hazardous by child labor laws. The bills are part of a broader trend in states to ease restrictions on underage workers, supported by industry groups seeking increased labor flexibility. Opponents express concerns about potential negative impacts on school attendance and graduation rates, as well as the risk of workplace exploitation, including wage theft. Critics argue that families lacking economic means may be disproportionately affected. The bills align with industry groups efforts to address staffing shortages, with the Florida Restaurant & Lodging Association advocating for the removal of work-hour restrictions for 16- and 17-year-olds. While proponents emphasize alignment with federal labor laws and the need for skilled trades training, opponents stress the importance of not compromising the safety and well-being of young workers.
On Tuesday, an NLRB judge found Starbucks violated labor law when a manager in a Salt Lake City store unlawfully questioned an employee about union support among the staff and revoked permission to display a large union poster. The judge determined that the managers statements asking what changes could be made to prevent unionization and questioning whether the staff hated her for unionizing violated the NLRA by chilling worker unionizing efforts. The judge also found Starbucks in violation of the NLRA for ordering the removal of a large union poster from the stores community board, which contained information about the collective bargaining process, union proposals, and anti-union messages. The judge emphasized that an employer cannot selectively enforce rules in response to union activities and ordered Starbucks to cease such practices. The Salt Lake City stores workers voted to be represented by the Starbucks Workers United union in June 2022.
FULL story at link above.