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Starbucks Union Campaign Demonstrates Textbook Study of Union Issues

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The Starbucks union organizing campaign has been amazing, resulting in nearly 350 wins for unions in 37 states.  The National Labor Relations Board (NLRB) has filed almost 100 complaints against the company for its responses to the campaign, and at the same time there has been a dramatic slowdown in the number of successful new union organizing wins.
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Featured Article at The Federalist Society: The Eighth Circuit Invalidates a Longstanding Rule on Workplace Timekeeping

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J. Larry Stine and Elizabeth K. Dorminey co-authored an article for the Federalist Society. Here's a quick summary of what this article, Rounding Error: The Eighth Circuit Invalidates a Longstanding Rule on Workplace Timekeeping, is about. In a surprise decision, a court invalidated a decades-old rule allowing employers to round employee work time to t…
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slaughterhouse children documentary graphic, nbc news

Larry Stine Interviewed on NBC News — Slaughterhouse Children: The Dark Truth Behind the Meat You Eat

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NBC News premiered a new documentary today titled Slaughterhouse Children, featuring an interview with senior partner J. Larry Stine. Larry is first seen in the documentary 10 minutes into the video and has represented Mar-Jac Poultry for over three decades. Here's a description of the NBC documentary: In towns across America, children working in dangerous…
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farmland

H-2A Farmworker Proposal Would Promote Union Organization in Agriculture

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A proposed Department of Labor (DOL) rule was announced on September 13, 2023, to provide federal labor law protections similar to those under the National Labor Relations Act (NLRA) to H-2A farmworkers.  The H-2A Program allows agricultural employers to hire farmworkers for temporary and seasonal jobs when they cannot find sufficient domestic labor, and wh…
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New NLRB Case Forces “Card-Check” Analysis on Employers

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Probably no National Labor Relations Board (NLRB) concepts scares employers more than the concept of the “card-check.”  This is a concept where an unwanted union is forced on the employer and employees are deprived of the right to vote on the issue in a secret ballot election.  On August 25, 2023, the NLRB accomplished almost the same result in Cemex Constr…
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university graduation

Supreme Court Ends Race Conscious School Affirmative Action Programs

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In a 6-3 determination, the Supreme Court made its long-awaited affirmative action ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1119 (June 29, 2023).  The question addressed was whether the admission systems used by Harvard and the University of North Carolina are lawful under the Equal Protection Clause o…
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Supreme Court Rules That Day Rates Are Not A Salary

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Seventy-five years after it was enacted, the Fair Labor Standards Act (FLSA) continues to surprise, and to remind us that it’s not how much you pay, but how, that really matters.  On February 22, 2023, the U.S. Supreme Court ruled in Helix Energy Solutions v. Michael Hewitt (No. 21-984) that even a very highly compensated individual may be entitled to overt…
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The Federal Trade Commission building entrance

FTC Proposes Rulemaking to Ban Non-compete Agreements

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Non-compete agreements – provisions in employment contracts whereby an employee agrees not to accept future employment with a competitor, disclose trade secrets, or poach customers – have been widely used for decades.  But on January 5, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking (NPRM) that could not just limit, but ban…
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Wimberly & Lawson Helps Secure Eleventh Circuit Affirmation of Preliminary Injunction in Federal Contractor Vaccine Mandate Case

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After a delay of approximately 10 months the U.S. Court of Appeals for the Eleventh Circuit has slightly narrowed, but affirmed, a preliminary injunction imposed by the District Court against enforcement of President Biden’s Federal contractor vaccine mandate. This is a major victory for our client, Associated Builders and Contractors (ABC), a nationwide tr…
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supreme court building, outdoors, blue sky

Supreme Court Reinstates Stay of OSHA Vaccine Mandate

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In a 6-to-3 decision published January 13, 2022 the U.S. Supreme Court has stayed implementation of an Emergency Temporary Standard (ETS) proposed by the Occupational Safety and Health Administration (OSHA) that would have required the employers of nearly half of all workers in the United States either to require all of their employees to be vaccinated agai…
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covic vaccine, fake visual

FAQs on the Covid-19 Vaccine Executive Order

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On September 9, 2021, President Biden issued an executive order (EO) mandating that Federal contractors and large employers require their employees to be vaccinated against COVID-19. Touted as a bold public health initiative, the EO is unprecedented: never before has the government issued a  mandate requiring employees to submit to a vaccination or weekly m…
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