Hospitality Update - September 2012, No. 3


In This Issue:

- Baristas and Buttons: NLRB v. Starbucks By Craig A. Cowart (Memphis)-

The next time you stop in for your morning “must-have” caffeine, take a look at your Starbucks barista. He or she is likely to be wearing the familiar “Starbucks green” apron and black pants. Your barista may also be sporting a number of pins and buttons touting Starbucks products and promotions. Who knows what those pins and buttons will say?

You may not be able to predict what pins and buttons your barista will be wearing. But, after a recent federal appeals court ruling there is one thing you can know for sure. There won’t be more than one pro-union pin on the uniform. The court told Starbucks that it was okay to limit employees to wearing only one pro-union button with their uniform at work.

So, how did this ruling come about? And what does it mean for you?

- The Benefits Of J-1 Workers – And The Costs By Andria Lure Ryan (Atlanta) -

Many hospitality employers use the Exchange Visitor Program which is intended to promote mutual understanding between the people of the United States and the people of other countries by educational and cultural exchanges. Under the Mutual Educational and Cultural Exchange Act of 1961, foreign students are allowed to enter the United States under J-1 visas as part of a specific training and internship program or as part of a college exchange program.

Since the primary purpose is education and cultural exchange, host organizations must provide training, oversight, and similar learning activities, and must not use J-1 workers to displace American workers or to serve a specific labor need.

But in utilizing this laudable program, employers must be careful not to violate the wage/hour laws. A recent case clearly sets out the problem areas. Jatupornchaisri, et. al. v. Wyndham Bonnet Creek.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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