A former employee of Shake Shack Inc. has alleged he was fired after complaining about health and safety violations at one of the company’s New York City locations. Via v. Shake Shack Inc., No. 17-7049 (S.D.N.Y., filed September 14, 2017). The plaintiff alleges that managers of one location fired him after he complained that, among other allegations, they (i) failed to train employees about food allergies; (ii) allowed visibly sick workers to prepare food; and (iii) failed to properly clean the kitchen and equipment. Recent New York City health inspections cited the location for the presence of food/refuse/sewage-associated flies found in food and non-food areas, contaminated and cross-contaminated food and food contact surfaces that had not been sanitized. Claiming retaliation in violation of state laws, the plaintiff seeks $1 million in damages.
Tag Archives labor
The United Nations' Food and Agriculture Organization (FAO) has published a guide encouraging agricultural companies to enact child-labor policies to combat abuse in the industry. The guide offers "practical steps to ensure that programmes contribute to safe employment and training opportunities for youth and that activities intended to support vulnerable families do not have the unintended consequence of encouraging child labour," according to a June 12, 2017, press release. "The agriculture sector holds great potential before, during and after crises, to save lives and contribute to livelihoods, support rural households, provide decent employment and alternatives to child labour, including its worst forms," FAO Assistant Director-General Kostas Stamoulis was quoted as saying. Issue 638
Chipotle Mexican Grill Inc. won decertification of a class action comprising more than 500 management trainees in 37 states when a federal court ruled that there were too many differences in the trainees’ ability to perform managerial duties, causing the action to fail the predominance test. Scott v. Chipotle Mexican Grill Inc., No. 12-8333, (S.D.N.Y., order entered March 29, 2017). Seven named plaintiffs won conditional class certification in June 2013, after which 516 additional plaintiffs opted in. The plaintiffs, who worked as “apprentices,” were temporary workers training for positions as restaurant general managers. The complaint alleged apprentices were classified as exempt and illegally denied overtime even if they spent most of their time on nonmanagerial tasks such as preparing food or serving customers, violating the Fair Labor Standards Act (FLSA) and state labor laws. However, the court found that the plaintiffs’ testimony contained too much conflicting information about the apprentices’…
A Brazilian appeals court has reportedly affirmed a lower court’s order to AmBev S/A to pay a former employee about $14,800 for moral damages related to his job as a beer taster, which he alleged led to his alcoholism. AmBev argued that it was not liable because the employee’s beer-tasting activities were voluntary. The court disagreed, finding that employers have a duty to avoid exposing their employees to the “inherent risks of the job activities,” even if voluntary. AmBev failed to demonstrate the proper care toward the plaintiff’s health, the court held, because it did not monitor his health throughout his employment as a beer taster, it did not train him on the symptoms of alcoholism or other related conditions, and it told him that if he was declared addicted he would need to seek treatment himself. See Superior Council of Labor Justice (Conselho Superior da Justiça do Trabalho), November 28,…
The U.S. Department of Justice has filed a lawsuit against two Washington companies—Washington Potato and Pasco Processing—for allegedly discriminating against immigrants during the employment eligibility verification process. United States v. Wash. Potato Co., No. 16-1320 (D.O.J., filed November 14, 2016). The complaint alleges the companies required non-U.S. citizens to submit specific documentation to process the Form I-9 and E-Verify while allowing U.S. citizens more flexibility in their documentation. “Federal law protects individuals with legal work authorization from facing discriminatory obstacles during employment eligibility verification,” said Principal Deputy Assistant Attorney General Vanita Gupta in a November 14, 2016, press release. “All people with legal employment status in the United States must receive an equal opportunity to prove they can work, regardless of their citizenship or immigration status.” Issue 623
A Massachusetts federal court has granted certification to a class of former and current delivery drivers for Domino’s Pizza Inc. who allege that they should have received the delivery charge paid by customers. Mooney v. Domino’s Pizza, Inc., No. 14-13723 (D. Mass., order entered September 1, 2016). The plaintiffs also asserted that they should have been paid minimum wage for “inside work” unrelated to deliveries, rather than the lower minimum wage for tipped workers. The court focused on whether the plaintiffs’ claims were common to all members of the class. Domino’s and its franchisee argued the classification of the delivery fee as a service charge—which is to compensate employees for service and to be remitted to the employees under Massachusetts law—or an administrative fee “depends on the circumstances of each customer’s encounter with the delivery fee,” thus precluding commonality. The court disagreed, finding that “the plain language of the statute suggests…
Following an investigation into potential criminal violations of federal immigration laws, Mary’s Gone Crackers Inc. will pay $1.5 million and establish a corporate compliance program but will not be prosecuted, the U.S. Department of Justice has announced. The investigation determined that 48 of the company’s employees were ineligible to work in the United States; Mary’s informed Immigration and Customs Enforcement that the employees had left the company, but further investigation found that Mary’s hired at least 13 of those employees back under different names. In addition to the $1.5-million payment, Mary’s must establish an anonymous tip line for employees to report noncompliance issues, provide I-9 training to employees and report compliance measures to the U.S. Attorney’s Office for two years. Issue 613
The Southern Poverty Law Center (SPLC) has urged the U.S. Occupational Safety and Health Administration to investigate Farm Fresh Foods, LLC, arguing the company forced sanitation workers to race against one another to carry and unpack 80-pound crates of chicken. The company allegedly required workers to unload raw chicken after cleaning the processing plant without washing their hands or changing clothes; SPLC asserts that workers’ concerns about contaminating the chicken were ignored. Farm Fresh also allegedly denied workers bathroom breaks, disciplined them for walking around empty-handed and jeered at them while they worked. “It’s clear from the treatment of these workers that Farm Fresh Foods has little regard for its employees,” Naomi Tsu, SPLC deputy legal director, said in a July 26, 2016, press release. “Farm Fresh needs to listen to workers rather than retaliating against them. We’ve seen this happen again and again in the poultry industry—these companies must…
The High Court of England and Wales has reportedly held DJ Houghton Chicken Catching Services liable for claims brought by six Lithuanian men who allege they were victims of trafficking. The company lost its license after police raids in 2012 found what the Gangmasters Licensing Authority called “the worst UK gangmaster ever.” The men assert that during their employment catching chickens for the company, they were denied sleep and toilet breaks, charged illegal work-finding fees, abused and assaulted, denied minimum wages and provided dirty, overcrowded and unsafe living quarters. The owners of the company argued that a Lithuanian supervisor was at fault for the treatment, but the court reportedly found that the supervisor’s methods were integral to business operations, leaving the company liable for his actions. The attorney representing the Lithuanian men told The Guardian, “This is the first time a British company has been found liable for victims of…
“The U.S. Supreme Court recently deviated from its historically stringent view on class certification and affirmed an Eighth Circuit decision to uphold certification of a class of Tyson Foods, Inc. employees who brought suit against Tyson for a violation of the Fair Labor Standards Act of 1938 (FLSA),” Shook Miami attorneys Frank Cruz-Alvarez and Rachel Canfield explain in an April 13, 2016, analysis for the Washington Legal Foundation’s Legal Pulse. The article first describes the suit’s origins; Tyson initially paid all employees for an equal amount of time spent donning and doffing protective gear but later adjusted the policy to pay some employees for additional “don and doff” time. Cruz-Alvarez and Canfield note that “Plaintiffs alleged Tyson’s failure to compensate them for time spent performing this ‘integral and indispensable’ work activity violated the FLSA by lengthening their workweek beyond forty hours without providing them with overtime pay.” They also note…
