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Trade groups challenge DOL’s new tip pool rule for restaurant employees

Shook Hardy & Bacon LLP
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USA
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July 20 2012

Restaurant trade organizations, an Oregon restaurant and one of its employees, a server, have filed a complaint for declaratory and injunctive relief against the U.S. Department of Labor (DOL), alleging that its interpretation of the Fair Labor Standards Act, forbidding restaurants from distributing a share of tips to non-tipped employees, regardless of whether the restaurants use the tips as a credit toward paying their employees minimum wage, conflicts with a Ninth Circuit decision and will force the restaurants to incur significant costs or subject them to litigation

Wage and rest break claimants settle California suit against Starbucks

Shook Hardy & Bacon LLP
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USA
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May 17 2013

The plaintiffs in putative class litigation alleging inaccurate wage statements and denial of required meal breaks have filed a motion for

Starbucks can limit number of pro-union buttons worn by employees

Shook Hardy & Bacon LLP
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USA
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May 11 2012

The Second Circuit Court of Appeals has determined that Starbucks Corp. did not violate federal labor law by adopting a dress code which limits the number of pro-union buttons its employees can wear on their uniforms

OSHA cites flavoring company over diacetyl exposure

Shook Hardy & Bacon LLP
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USA
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April 12 2013

The U.S. Occupational Safety and Health Administration (OSHA) has reportedly cited Natural Flavors Inc. for 12 alleged workplace safety and health

OSHA adds diacetyl substitutes to National Emphasis Program document

Shook Hardy & Bacon LLP
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USA
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January 28 2011

The Occupational Safety and Health Administration (OSHA) has revised its "National Emphasis Program (NEP) on Microwave Popcorn Processing Plants," to add several diacetyl substitutes to its policies and procedures for minimizing or eliminating worker exposures "to the hazards associated with microwave popcorn manufacturing

Philippine banana workers seek damages for DBCP exposure

Shook Hardy & Bacon LLP
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USA
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August 12 2011

Hundreds of individually named Philippine banana plantation workers alleging physical and mental injury from exposure to pesticides have filed suit against a number of agricultural and chemical companies in a California state court seeking compensatory and punitive damages

Farm workers allege hostile work environment created to certify farm for foreign workers

Shook Hardy & Bacon LLP
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USA
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June 24 2011

African-Americans who briefly worked at a North Carolina farm in 2010 allege that they were subjected to a hostile work environment and discriminatory job conditions so the employer could obtain certification under a Department of Labor (DOL) program that allows farmers to hire seasonal foreign workers when U.S. workers are not available and hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

Donning and doffing class certified; U.S. Supreme Court declines to review compensation ruling

Shook Hardy & Bacon LLP
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USA
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March 9 2012

A federal court in Arkansas has reportedly certified a class of poultryprocessing plant workers who allege that the company has violated federal and state employment laws by failing to compensate them for the time they spend donning, doffing and sanitizing required gear and equipment, as well as walking to and from the production floor and performing other job-related duties

Lawsuits concluded: no trademark for “Texas Toast,” no class claims for Joe’s Crab Shack employees, no racial discrimination class claims against McDonald’s, no wrongful death suit against Dole Food, no antitrust action against Whole Foods

Shook Hardy & Bacon LLP
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USA
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June 8 2012

The Sixth Circuit Court of Appeals has determined that the Roskam Baking Co

Jury agrees with Benihana over employee classification

Shook Hardy & Bacon LLP
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USA
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October 26 2012

A federal jury in California has reportedly determined that Benihana properly classified three restaurant managers as exempt thus concluding wage-related litigation against the chain