The NLRB Has You Covered…By The Contract

By Patrick Scully In another stunning and sweeping decision, The National Labor Relations Board (“NLRB” or “Board”) has overturned the “clear and unmistakable” waiver test and concluded that employers may make unilateral changes to terms and conditions of employment “covered” by an existing collective bargaining agreement.  For decades, employers had negotiated lengthy “management rights clauses” […]

Tip Pooling Trouble

By Elizabeth Chilcoat The First Circuit Court of Appeals recently issued a decision that underscores the importance of including only appropriate employees in tip pools.  In Matamoros v. Starbucks Corporation, the court affirmed a $14.1 million award to a class of current and former baristas from approximately 150 different stores because shift supervisors were improperly […]