Tag: labor
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Starbucks Files Brief Seeking to Uphold Judgment in Tip Dispute
Starbucks Corp. has filed its response in the Second Circuit Court of Appeals in a dispute over tip sharing, asking the court to affirm the district court’s grant of summary judgment in its favor. Lawrence v. Starbucks Corp., No. 11-3199 (2d Cir., brief filed February 22, 2012). Additional information about related litigation involving Starbucks baristas…
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Labor Department to Reconsider Parental Exemption to Child Labor in Agriculture
The U.S. Department of Labor (DOL), which had sought in 2011 to increase protections for children working in agriculture, has agreed to ”re-propose the portion of its regulation on child labor in agriculture interpreting the ‘parental exemption.’” The original proposal sought to update a 40-year-old rule in light of data showing that “children are significantly…
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Farmers Struggle to Cope with Alabama Immigration Laws
NBC’s Rock Center recently reported on how Alabama’s new immigration law is affecting farmers in the region, where stricter enforcement measures for undocumented workers have apparently left agricultural communities struggling to find workers. As cucumber farmer Jerry Danford explained to correspondent Kate Snow, the new rules have drained the seasonal labor pool and made it…
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Eleventh Circuit Says Farmer Not Entitled to Housing Credit from H-2A Workers
The Eleventh Circuit Court of Appeals has upheld in part a district court ruling that denied migrant workers’ claims that a Georgia onion farmer had improperly withheld the cost of housing and meals from their pay, reducing it below minimum wage. Ramos-Barrientos v. Bland, No. 10-13412 (11th Cir., decided October 27, 2011). While the appeals…
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EEOC Files Disability Discrimination Lawsuit on Behalf of Morbidly Obese Man
The Equal Opportunity Employment Commission (EEOC) has filed a claim under the amendments to the Americans with Disabilities Act against a company that allegedly discharged a morbidly obese man. EEOC v. BAE Sys., Inc., No. 11-03497 (S.D. Tex., filed September 27, 2011). According to the EEOC, “at the time of his discharge, [Ronald] Kratz was qualified…
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Former Chili’s Employee Sues over Wages
A California resident has filed a putative class action against Brinker International, Inc., alleging that when she worked for one of its Chili’s Grill & Bar Restaurants she was not paid minimum wage, because the company “fraudulently and maliciously caused Plaintiff and Class members to make up the restaurants’ cash shortages.” Eldred v. Brinker Int’l, Inc.,…
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NYT’s “Room for Debate” Tackles Illegal Farm Labor
The New York Times “Room for Debate” series recently tackled illegal farm labor, with six labor policy and economic experts discussing whether “strict enforcement of immigration laws would drive up prices for fruits and vegetables.” According to the commentators, eliminating undocumented workers in the agriculture sector, if possible, would have far-reaching consequences for growers, consumers…
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Foreign Student Guestworkers Complain of Working Conditions and Pay at Hershey Plant
In an August 17, 2011, letter to the U.S. Department of State filed on behalf of more than 400 foreign guest workers recruited by the Council for Educational Travel, USA (CETUSA) to work for the Hershey Chocolate Co., the National Guestworker Alliance seeks the revocation of CETUSA’s sponsor status as a provider of J-1 visas,…