COVID-19
Vaccine Mandate – In light of the Supreme Court ruling last week, 27 Republican attorneys general sent a letter to the Occupational Safety & Health Administration (OSHA) asking the agency to withdraw their Emergency Temporary Standard (ETS) regulation and suspend any efforts to proceed with a similar permanent standard. They reiterated their arguments made before the Court that OSHA lacked the authority to proceed with the mandate. OSHA has not responded to the request. More details.
Carhartt – The outdoor apparel giant announced that the company’s vaccine mandate which went into effect for most of Carhartt’s 3,000 U.S.-based employees earlier this month would stay in place despite the Supreme Court’s decision. The mandate includes exceptions for religious and medical reasons. While vaccine supporters applauded the move, some conservatives called for a boycott of Carhartt products and questioned the wisdom of the company’s decision given its traditional blue-collar customer base. More details.
Starbucks – The company said it will no longer require U.S. workers to be vaccinated against COVID-19 or undergo weekly testing by next month, after the U.S. Supreme Court recently blocked the Biden administration’s mandate for large private employers. The CEO said in a message to workers this week that the company is changing its requirements in response to the court’s decision but will still encourage baristas to get vaccinated and boosted as well as disclose their vaccination status. More details.
Wages
Hawaii – Senate Democratic leaders introduced legislation raising the minimum wage to $18/hr by 2026, a significant jump from its current $10.10/hr. The House version will be introduced next week. The state has been the center of contentious minimum wage battles each of the last five years with proponents ultimately falling short by a handful of votes. The current economic climate could alter those dynamics. More details.
Virginia – A senate committee rejected legislation to repeal the new minimum wage law passed last year and freeze the wage at its current $11/hr. The current law sets a schedule of minimum wage increases that will see the wage increase each year until it reaches $15/hr in 2025 and then be tied to inflation thereafter. More details.
Labor Policy
Labor Department – In an address to the U.S. Conference of Mayors, Labor Secretary Marty Walsh unveiled a new agency workforce development initiative intended to improve “job quality.” Walsh contends that the “Great Resignation” was not about employees “necessarily resigning from work but resigning from their jobs – a job that was not fulfilling enough for folks.” Details of the initiative will be released at a later date. More details.
NLRB – The NLRB announced that it will begin accepting briefs on whether it should adopt a new legal standard to determine whether confidentiality requirements in mandatory arbitration agreements violate labor law. If they proceed, they would essentially be reversing a 2020 ruling allowing “gag orders” in arbitration agreements. More details.
Labor Activism
Starbucks – The list of Starbucks units considering potential union representation continues to grow with nearly 25 restaurants in play all across the country. Before mid-Feb., it is likely that employees in nearly a dozen different units nationwide will have cast votes. More details.
Sustainability
New Hampshire – Both house and senate committees held extensive hearings this week regarding numerous bills to address the state’s increasing challenge with dwindling landfill space and their master plans for waste management. Prominent among the bills was legislation establishing a commission to look into an Extended Producer Responsibility (EPR) program in the state. Under the EPR framework, companies that produce and sell plastic and other waste provide financial or physical support to dispose of it. Proponents argue the model could take pressure off of municipalities struggling with the cost of waste management. More details.
Misc.
California – An assembly committee approved legislation to create a state-funded single-payer health care system. The bill is now slated to go before the entire assembly for a vote and it must pass by Jan. 31 in order to remain viable. A legislative analysis released this week estimated the single-payer plan could cost California between $314 billion and $391 billion annually, financed by a series of tax hikes on businesses, workers, and high earners. If ultimately passed by the entire legislature, it would still have to go before the voters on the ballot because the taxation components require voter approval. More details.
Key Takeaways
- New Hampshire, a solidly pro-business state with a strong environmental protection record, affords the business community, in general, and the restaurant industry, in particular, an opportunity to shape a pending Extended Producer Responsibility (EPR) program palatable to both large and small restaurant owners. If we can produce a workable framework, it could then serve as a somewhat business-friendly blueprint for other states that are sure to enter into this space. Brands should be working closely with their association allies in Concord to ensure a seat at the table and position us as a partner in progress instead of being perceived by many as a notable part of the problem.
- There has been significant media coverage of late regarding the investments newsrooms across the country are making in order to hire additional reporters to enhance coverage of the labor beat including workforces, workplaces and labor organizing. In addition to that, the media itself is currently in the midst of numerous union-organizing campaigns with workers at Politico, Forbes, and The Atlantic winning union representation in 2021. Brands should take note of both of these developments as their employees and their customers will be seeing a larger volume of news coverage in this space going forward with a much more pro-worker sentiment.
Podcast
Check out our Working Lunch podcast each week that includes further analysis into these legislative issues, policy, politics and much more. You can find Working Lunch on the Nation’s Restaurant News website, SoundCloud, iTunes and Spotify.