Tag Archives: Rulings

Hospitality Industry Employee Risks: Minnesota Restaurant Must "Reinstate" Fired Workers With "Back Pay" According To National Labor Relations Board Ruling

 “…the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each…”

Six local Jimmy John’s workers fired more than a year ago should get their jobs back, a National Labor Relations Board judge ruled last week. The workers were fired after plastering parts of the Twin Cities with fliers claiming the restaurant’s customers were at risk of illness because of a sick-day policy requiring workers to find their own replacement if they were sick.

On Friday the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each, according to an estimate by Erik Forman, who lost his job at the West End Jimmy John’s store in St. Louis Park, Minn.

The stores’ owners have not yet decided whether to appeal the judge’s ruling.

“It’s a big victory. It’s not unexpected for us — we’ve known for a long time that our posters and our right to speak out about health and safety issues are legally protected,” Forman said. “But we’re glad to see that we’re one step closer to getting back to work and exercise our right to organize.”

In a March 2011 letter to franchise co-owner Rob Mulligan, Jimmy John’s workers called the sick-day policy a risk to the public’s safety, as it required workers to find their own replacement or go unpaid if they didn’t work, creating an incentive to work while ill.

For more: http://www.mndaily.com/2012/04/24/fired-jimmy-john%E2%80%99s-workers-work-again-judge-rules

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

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Filed under Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

Comments Off on Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

Filed under Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training