Board Seeks Rehearing On 5th Circuit’s D.R. Horton Ruling: Abigail Rubenstein of Law360 ($$) writes that yesterday, the National Labor Relations Board asked the 5th Circuit to rehear the appeal of the Board’s now-infamous D.R. Horton decision. Arguing that the 5th Circuit had misinterpreted Supreme Court precedent, the Board’s position appears to be that the cases the 5th Circuit relied on in overturning the Board, namely Gilmer v. Interstate and Johnson Lane Corp., are inapplicable to the facts at issue in D.R. Horton.
“Neither decision addressed nor decided the issue presented here,” the board’s petition said. “This case involves the substantive right of employees to band together to seek to enforce their work-related claims as guaranteed by the ‘mutual aid or protection’ clause of Section 7 of the [National Labor Relations Act.]”
At this juncture, it is probably a long shot that the Board’s request will be granted. At this point, we may not have a final answer on the validity of class waivers in arbitration agreements unless and until the matter comes before the Supreme Court. Stay tuned to @LRToday for any updates on this matter.
McDonalds Hit With Labor Charges: Alejandra Cancion and Jessica Wohl of the Chicago Tribune report that employees working for McDonalds have filed several different lawsuits across the country, alleging that the fast-food magnate has been failing to pay employees overtime and shaving hours. The suits, filed in California, Michigan, and New York, further accuse the company of compelling employees to pay for their own work uniforms. A spokeswoman for McDonalds stated that the company was reviewing the charges.
If true, these actions will likely further embolden activists and organizers who have been participating in nationwide protests colloquially referred to as the "fight for $15." Keep watching @LRToday for updates, as we have been on top of the minimum wage protests since day one.
Workers Protest Outside IL Casino: Christopher Placek of the Daily Herald writes that over 100 employees of Rivers Casino in Des Plaines, IL marched outside of their employer’s headquarters yesterday in protest against what they believe to be substandard working conditions. The march, organized by Unite Here, also served the dual purpose of a de-facto organizing event. Of note, Unite Here has been attempting to organize employees at the Casino since last fall and has already filed some 50-odd unfair labor practice charges against the company since that time.