The National Labor Relations Board (NLRB) has ruled that arbitration agreements containing provisions barring class or collective action do not violate the National Labor Relations Act (NLRA). Additionally, the NLRB ruled that an employer may legally terminate the employment of an employee who refuses to sign an arbitration agreement with class or collective action waivers included in its language. The ruling affirms existing precedent regarding arbitration agreements, although it also departs from precedent in allowing such an agreement to be considered valid, even when it was distributed in response to a collective action it was attempting to halt. Continue reading “NLRA Allows Collective Action Waivers in Arbitration Agreements”
If you are working at Starbucks and think your “shift supervisors” shouldn’t be sharing in your tips, then it may be time to move out of New York State and into Massachusetts.
The 2nd Circuit Court, whose jurisdiction extends to New York, Vermont and Connecticut, ruled against baristas in a class action claiming that their shift supervisors should not be allowed to grab a cut of their bounty under state labor law. In 2008, baristas Jeana Barenboim and Jose Ortiz sued Starbucks for more than $5 million on behalf of more than 5,000 of their fellow employees serving at 400 New York stores. They claimed that the chain’s corporate structure made them share their hard-earned tips with their “shift supervisors,” whom they alleged to be actually their bosses. This put the company in violation of New York Labor Law, according to the lawsuit.