Posts Tagged ‘wage and hour suits’

More thoughts on the Westover Winery case

…and the right to volunteer one’s labor (earlier), from frequent Overlawyered commenter Gitarcarver at his blog [Raised on Hoecakes]:

Volunteers serve in National Parks around the country without ever being paid for their labor.

Why does the government encourage people to labor without pay for some activities and not others? …

We think that volunteering is noble, rewarding and educational independent of whether the cause is “for profit” or not.

Our issue is not with volunteering.

The issue is what right does the government have in saying where a free citizen of this country can donate his or her time and efforts to?

If you have a friend who is starting a business and you want to help him succeed, why can’t you volunteer your time, efforts and expertise? If a neighbor wants to build and extension onto their offices and you donate a set of architectural or engineering plans because that is your area of expertise. what right does the government have to say “you can’t do that?” If you design web pages and do some work on a web page for a fellow parishioner at your church, what concern is that of the government? How many small businesses have “friends” who donate time to repair or maintain the business’ computers?

The bottom line is the application of the labor of a person is the individual’s choice – not the government’s.

P.S. Small though it was, Westover “produce[d] the greatest variety of ports in the United States,” reports Baylen Linnekin. More from Darleen Click at Protein Wisdom. And in our comments section a reader identifying himself as William Smyth, owner of Westover Winery, comments here.

“California Destroys Winery Over Use of Volunteers”

“California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business with $115,000 in fines and wiped it out, to the unhappiness of some of the displaced volunteers. [Scott Shackford, Reason; Rebecca Parr, Daily Review/San Jose Mercury News] More: A Debra Saunders column. And I mention this episode, along with the one linked below about a California law combating off-books contractors, in a new Cato post about how licensed and compliant businesses often support making government more powerful and invasive so as to go after the other kind.

Labor and employment roundup

“Former intern drops lawsuit against David Letterman”

Mallory Musallam had been a plaintiff in a class-action suit seeking minimum wage and overtime against the talk-show host on behalf of former interns. Now she has apologized and withdrawn her name, saying “lawsuit-hungry attorneys” had approached her at “a weak vulnerable time, facing student debt” and talked her into taking part in an action whose exact nature she didn’t recognize. “I cannot apologize enough for this debacle. I do not believe in getting something for nothing — that’s not how I was raised.” Her “now-former lawyer, Lloyd Ambinder, did not return a call for comment.” [N.Y. Daily News]

“L.A. to pay $26 million for ban on naps by garbage-truck drivers”

The many, many pitfalls of wage-and-hour law: “The Los Angeles City Council on Tuesday finalized a $26-million legal settlement to end a lawsuit over a ban on lunchtime naps by trash-truck drivers. … Sanitation officials had imposed the no-nap rule to avoid the bad publicity that would come if a resident, business owner or television news crew stumbled across a sleeping city employee. But lawyers for the drivers said the city, by limiting workers’ mealtime activities, had essentially robbed them of their meal breaks.” [Los Angeles Times]

Labor and employment roundup

  • After Harris v. Quinn, states and unions begin dropping mandatory dues collection for home health carers [Michigan Capitol Confidential, Fox; my two cents at Free State Notes on Maryland’s heel-dragging]
  • Macy’s in suburban Boston is opening target for NLRB bid to install gerrymandered “micro-unions” [The Hill, earlier here, etc.]
  • Federal contractors to fork over pay demographics, the better to be sued [Department of Labor]
  • Speaking of the barrage of executive orders coming out of the White House, it’s beyond silly to pretend that all the costly new employment mandates will promote “efficiency and cost savings” [Coyote]
  • “Gay Christian conservative employee sues gay bar for sexual, religious harassment” [Volokh]
  • “House Hearing Highlights Problems in the Fair Labor Standards Act” [Alex Bolt]
  • “Forcing Kids to Do Chores Not a Federal Crime” [Courthouse News, Volokh]

Labor roundup

  • California tenure lawsuit exposes rift between Democratic establishment and teachers’ union [Sean Higgins, Washington Examiner]
  • NLRB pushing new interpretation to sweep much outsourcing into “joint employment” for labor law purposes [Marilyn Pearson, Inside Counsel]
  • Restaurant “worker centers” campaign against tipping. Perhaps a sign their interests not fully aligned with waitstaffs’? [Ryan Williams, DC]
  • NLRB’s edict against non-union employers’ confidentiality policies emblematic of its activist stance lately [Karen Michael, Times-Dispatch]
  • Three public sector unions spent $4.3 million on Connecticut state political activities in 2011-2013 cycle [Suzanne Bates, Raising Hale]
  • Sen. Lindsey Graham prepares funding rider to block NLRB “micro-union” recognition [Fred Wszolek, background]
  • “Table Dance Manager” glitch alleged: “Exotic dancers + allegedly malfunctioning software = Fair Labor lawsuit” [Texas Lawyer]

The steep cost of junior-manager overtime

Writing checks for overtime (or sending managers home before they reach the point of being entitled to it) is only the more visible cost to business of the Obama administration’s scheme to reclassify layers of junior management as hourly employees. Small businesses told the Wall Street Journal this spring (summarized) of the forbidding morale cost of discouraging ambitious employees from upwardly mobile, which usually means salary-oriented, thinking:

Emo Pentermann, owner of Bell ATM Service Inc., a distribution and repair shop for ATMs and other money machines in Centennial, Colo. …worries that making more people eligible for overtime pay could remove the inherent incentive for lower-level managers to hustle to earn a promotion.

“You work hard, develop the maturity for a salaried position, and then move up,” he says. “It takes away that whole level of maturity and freedom of choosing to get the job done in the time allotted. So for all practical purposes, they just might as well be on a time card.”

Jeffrey Harris has 70 salaried employees at his Chicago-based Inte Q, a marketing firm that specializes in customer-loyalty programs for brands such as Reebok and Office Depot. … He has tried to create a workplace environment that de-emphasizes keeping up with a time clock. For instance, employees can take time off work to attend a child’s performance in school….

…when he heard about the proposal, he said he immediately thought it would affect the type of work culture that has yielded results for him in both profits and employee retention. Only 2% of workers have voluntarily chosen to leave the company in the past three years, he says.

Whole piece here, and earlier on the manager-overtime scheme here and here.

P.S. Proposed regulations anticipated by November 2014, final regulations “unlikely to arrive until Spring 2015″ [Wage and Hour Insights]

Labor and employment roundup

Labor roundup

  • “Coming to Your Workplace Soon? Union Organizing Efforts Via the Company’s Email System” [Daniel Kaplan, Foley & Lardner]
  • “Pennsylvania Unions Still Exempt from Harassment [Law], Continue Harassing with Impunity” [Trey Kovacs, Workplace Choice, earlier here, here, here]
  • Music production gravitates to right to work states attract in part because union musicians less afraid of discipline for taking gigs there [Variety on union’s dispute with videogame-composer member]
  • New definition of “nationwide strike”: protesters show up at a few Wal-Marts, few workers pay attention [On Labor]
  • Presently constituted NLRB and U.S. Department of Labor are zealous union partisans, not impartial arbiters [Alex Bolt]
  • “Workers filing wage-and-hour lawsuits under Labor Act at record pace” [Crain’s Detroit Business]
  • “Despite repeated failures, Card Check still top Big Labor priority” [Sean Higgins, Washington Examiner]