In the post on Sunday 5/29/2022 we saw that BBQ chain Hard Eight owed employees nearly $900,000 in unpaid tips and overtime due to a “misunder-standing” of labor laws! First, the company did not pay tipped employees their tips in full. But then there was more. It also shared the withheld tips with managers (who had their own problems as noted in the post). All of this is a violation the Fair Labor Standards Act. It ended up being about $1000 per employee, something that is sure to hurt the company when trying to keep current or attract new labor. What did the company say about the investigation and findings? See the post.
TAKEAWAY: Know the various laws relevant to your business – get legal help before you think you need it.
The posts on Monday 5/30/2022, here, here and here, were an ode to Memorial Day, to honor and thank those who fought (and died) for freedom. And a thought for current rights for various freedoms as noted in the post.
TAKEAWAY: What we have now did not come for free – many have and continue to make sacrifices. Remember and appreciate.
The post on Tuesday 5/31/2022 told us condominium associations suing on behalf of homeowners must abide by applicable legal provisions. Here the developer, Lennar Homes, built 241 condos in FL. Each was sold to an individual owner and each sales agreement had a provision requiring arbitration for any dispute arising out of the sale. Not necessarily unusual, right? Well, about 5 years after the first sales, the Condominium Association started to see potential defects in various places (noted in the post). The Association sued Lennar Homes on behalf of all owners, alleging defective construction. Lennar moved for dismissal based on the arbitration provision. The trial court denied the motion. The basis of that decision is in the post. Lennar appealed. On appeal, the court held that the arbitration provisions in the individual sales agreements were binding on the Association. The basis of that decision is noted in the post – and makes perfect sense.
TAKEAWAY: Consult a community association lawyer to find out if this would come out the same way in PA – the answer can materially affect how your association can proceed to protect your investment.
The post on Wednesday 6/1/2022 told us that newly released Pfizer documents send antivax conspiracy theorists into uproar about STILL UNTRUE statements. In late April or Early May, Pfizer released more documents. Conspiracy theorists pounced, which is to be expected, but what they then spouted off about was STILL UNTRUE. The released documents related to Pfizer’s research to have its COVID vaccine approved for emergency use authoriza-tion. Also unsurprising is that Rep. Marjorie Taylor Greene (R-Ga.), a QAnon-supporting legislator known for conspiratorial remarks, chimed in on her official Twitter account. What she said is in the post. And unsupported – the basis for her post was from old documents (and belies what she wanted the data to support – see the post). The conspiracy theorists want the public to believe that the vaccine was more deadly in tests than previously thought, but what they rely on does not support their argument. To the contrary, it provides support (by actual data) for the opposite argument. See the post for many details. .
TAKEAWAY: Make sure you know the true facts when making claims about the COVID vaccine and research going into it; don’t spread false information.
The post on Thursday 6/2/2022 showed us that Amazon workers vote against unionization in New York – a loss for organizers. The wave had to stop at some point …. And indeed it did only a few weeks after the first successful union vote at an US Amazon warehouse. The Staten Island warehouse rejected unionization 618 – 380, so it wasn’t even close. To what did organizers attribute the loss? See the post. What things did each ‘side’ do in the weeks leading up to the vote? Again, see the post. The union says it will contest the results, whereas Amazon said … what is in the post. And who did this outcome benefit most? The post tells you who – and why. While this vote was not close, the repeat vote at an Amazon warehouse in Alabama (required by the NLRB due to a finding that Amazon improperly interfered with the process) is too close to call. Even politicians (from NY and other states) have gotten involved; what some has said is noted in the post. And what the union learned from this defeat? Yep, in the post.
TAKEAWAY: the push for more unionization will continue in this environment where workers seemingly have the upper hand – pay attention as this could affect your workplace (or where you eat or shop or get other services ….)
The post on Friday 6/3/2022 told us about discrimination charges filed against golf club (a perfect example of why the Pennsylvania Bar Association’s House of Delegates recently passed a resolution to excise these types of restrictions). The Attorney General filed a complaint against the Pine Valley Golf Club, alleging a legal violation by the club prohibiting women from becoming members and restricting women’s ability to golf and access club facilities. But wait, there’s more – see the post, including (probably least of all but still legally discriminatory) that the Club banned its primarily male workforce, but not female employees, from wearing earrings. The restrictions hit housing, employment and more. How did this come about? The Borough of Pine Valley merged into the neighboring Borough of Pine Hill in early 2022, but before that the Club owned all land in Pine valley Borough, the effect of which is noted in the post. The Club’s comment on the restrictions and suit? See the post.
TAKEAWAY: Make sure your association does not discriminate in any way on the basis of any protected characteristic – including age, race, religion, sex/gender, disability, ethnicity, national origin, and sexual orientation/gender identity.
Finally, in the post yesterday 6/4/2022 we saw ‘Baby Boomers ONLY’: Dollar Tree manager out of job over help wanted sign. The manager of a store in Indiana put up the hand-written sign after 2 cashiers quit. What the sign said (which is both humorous but an indication of the current times) is in the post. The store removed the sign, but not until after people saw it and socmedia got hold of it. Dollar Tree commented (as in the post) and fired the manager. What is interesting is whether or not the sign was illegal. It could be construed as discriminatory toward younger workers, but what does the law provide as to that? See the post.
TAKEAWAY: Know the law and what protections are afforded to workers of any age; consult an employment lawyer.