Elections
Gubernatorial Elections – The most interesting gubernatorial contest is in Kentucky where incumbent Democrat Governor Andy Beshear is facing a challenge from Republican Attorney General Daniel Cameron. Beshear, a moderate Democrat, hails from a respected political dynasty in the state. Cameron, for his part, is viewed as a national up-and-comer in the Republican-heavy state. A win for Cameron would give Republicans another red trifecta. Mississippi is considered a competitive contest as well with Democrat Brandon Presley, a cousin of rock-and-roll icon Elvis Presley, over performing in polls against incumbent Governor Tate Reeves. An upset there would break the state Republican trifecta.
Legislative Elections – Next week, voters in three states – Mississippi, New Jersey, and Virginia – will go to the polls. The makeup and control of the legislatures in Mississippi and New Jersey will likely remain unchanged. However, due to narrow majorities in Virginia, both chambers are in play. Democrats currently have a four-seat majority in the upper chamber but Republicans have a three-seat majority in the lower chamber. Many view the election as a national barometer for 2024. Later in the month, on Nov. 18., voters in Louisiana will go to the polls but due to outcomes in their open primaries last month, Republicans are already guaranteed super majorities in both chambers. And, Republican Jeff Landry won the Louisiana governorship last month ensuring a new Republican trifecta in the state. More details.
Local Elections – Thousands of municipal races will be on the ballot next week. The outcome of some contests, like those in Minneapolis which is currently considering enacting a local labor standards board, could immediately impact operators.
Wages
Michigan – One Fair Wage officially filed a lawsuit this week in the state supreme court protesting the decision last week by the Board of State Canvassers to not certify the minimum wage initiative for the 2024 ballot. The Board deadlocked over a change in the petition’s definition of “employer.” The initial version of the petition (and the summary shown to petition signers) defined an employer as someone who employs one person or more but the language of the full petition that circulated was different. It defined an employer as someone who employs 21 people or more which would exempt around 90 percent of Michigan businesses from following the new law, if it were adopted. More details.
Boulder County, CO – County commissioners held a formal hearing on their plan to raise the county’s minimum wage to $15.70/hr as of Jan. 1. Commissioners held a town hall meeting on the subject Oct. 12. The state has a tip credit of $3.02 and if passed in its current form, the server wage would increase to $12.68/hr in Jan. More details.
Rideshare – Uber and Lyft reached a $328 million settlement with the New York Attorney General’s office to settle allegations that they unlawfully withheld wages from drivers and failed to provide mandatory paid sick leave in the state. Uber will pay $290 million and Lyft will pay $38 million. The state attorney general’s office said it’s the largest wage-theft settlement it’s won. The money will go to drivers affected by the companies’ alleged practices. More than 100,000 drivers in New York could be eligible to receive the funds and benefits secured under the agreements, James’ office said. Drivers will be notified by mail, email or text about how to file a claim. The settlements, which resolve multi-year investigations, reflect the companies’ latest concessions in a standoff with regulators across the country about the level of oversight they should receive and what they owe their drivers. Uber and Lyft have previously fought efforts to reclassify their workers from contractors to employees. More details.
Paid Leave
Minnesota – A state analysis determined that employers and workers will have to pay about 18 percent more than originally thought for a new state-run paid family and medical leave program slated to start in 2026. The annual payroll tax on wages – 0.78 percent split between the employer and the worker – would be $468 on $60,000 of taxable income, if the state takes up the actuary’s recommendation. The prior estimate was $420. The program was a key Democratic victory at the Capitol this year, guaranteeing Minnesota workers 12 weeks of paid family leave and 12 weeks of paid medical leave per year — up to 18 weeks total. About 130,000 workers are projected to use the benefit each year. More details.
Chicago, IL – A city council committee advanced legislation entitling workers to five paid sick days as well as five paid vacation days for all employees. Additionally, companies with 100 or more workers would be required to pay out up to seven days of unused time when employees leave. There would be a two-year phase-in for companies with 51-100 employees to pay exiting workers for unused time, while companies with 50 or fewer employees wouldn’t be on the hook for those payouts. The bill was approved by a 13-2 vote and will go before the full city council next week for likely passage. More details.
Labor Policy
OSHA – The Occupational Safety & Health Administration (OSHA) announced it has signed a Memorandum of Understanding (MOU) with the National Labor Relations Board (NLRB) to “strengthen the agencies’ partnership and outline procedures for information-sharing, referrals, training and outreach that explain federal anti-retaliation protections” for whistleblowers. The MOU will also enable OSHA and the board to cooperate more effectively and efficiently to enforce related laws and protect workers’ rights. This is the latest in a long line of inter-agency agreements within the Biden Administration on labor and workforce-related issues. More details.
NLRB – NLRB General Counsel Jennifer Abruzzo issued a new memo to agency staff this week urging them to aggressively pursue bargaining orders under the new Cemex doctrine. NLRB staff were instructed to pursue such orders if a company fails to either recognize a union that presents evidence of majority support or swiftly file for a representation election. The agency has already seen a spike in these petitions as employers have adjusted to the new paradigm. But an employer found to have violated labor law could still be hit with a bargaining order if the NLRB determines that it mars the ability to use the election results as a barometer of employee support for the union. Abruzzo’s memo also indicates that as few as one unfair labor practice (ULP) could trigger that action, as could less severe infractions than in the past. More details.
Labor Activism
Starbucks – Leaders of Starbucks Workers United announced that Thursday, Nov. 16 will be this year’s Red Cup Rebellion and are calling on fellow employees throughout the country for a national day of action. Last year’s version saw thousands of workers walk out and protest against the company, distributing leaflets to customers entering the stores. This past Sept. around 1,700 workers staged a similar national day of action. More details.
Walgreens / CVS – Pharmacy workers across the country called in sick or walked off the job this week to protest what they call inadequate staffing and increasing work requirements, according to protest organizers. The leaders of the “Pharmageddon” protest said that around 900 people in as many as 10 states participated in the three-day protest, which started Monday and ended Wednesday. Along with sickouts and walkouts, the disgruntled employees have discussed protesting at the corporate headquarters of Walgreens and CVS, which are in Deerfield, Illinois, and Woonsocket, Rhode Island, respectively. They primarily want their employers to hire more staff to alleviate the workload and to eliminate policies that push them to work faster. They say those conditions are making it more likely they will make a mistake that could harm a patient. Pharmacists and other health care workers have complained these issues existed before the pandemic, which they argue, exacerbated problems. More details.
Minneapolis, MN – Workers from all seven sites of First Avenue, a live music, multi-venue conglomerate in the Twin Cities, notified management of their intent to unionize. Employees cited low pay, inconsistent training and short-notice scheduling among their top concerns. a live music, multi-venue conglomerate in the Twin Cities, A supermajority – or more than 70% of the roughly 200 workers – voted to move forward with unionization. If the effort succeeds, all employees would be covered by the union. Under the National Labor Relations Act, employees may begin bargaining if their employer recognizes their union. If that doesn’t happen, workers must hold a union election, which would start with filing a petition with the National Labor Relations Board. First Avenue workers said they hope management recognizes their union but are prepared to seek an election if not. The unionization drive is the latest in a wave of organizing efforts in Minnesota and nationwide, fueled by gains made in worker rights during the pandemic as employees took advantage of a tight labor market. More details.
Key Takeaways
- The “Pharmageddon” phenomenon with regard to striking pharmacists and techs should not be underestimated. This is a wage and hour level significantly above those normally found within the restaurant business model yet still with similar workplace / health and safety concerns. For labor community advocates and their political allies, the pharmacy-sector activism could further justify the ongoing employee unrest within the entry-level workspace.
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 Restaurant Business online website, SoundCloud, iTunes and Spotify.