Whole Foods

News & Analysis as of

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

ICSC Mid-Atlantic Conference & Deal Making Recap

With seemingly all of the country’s attention focused on Washington DC lately, we snuck out of the District and across the Potomac River to National Harbor last week for ICSC’s 2017 Mid-Atlantic Conference and Deal Making....more

Employment Law Navigator – Week in Review: January 2017

During the Navigator’s holiday break, many commentators wrote about what the new year is likely to bring for employers and employees. The Washington Post identified social policy, technology and diversity as the three issues...more

Recent Proxy Access Developments

To date, nearly 300 companies have adopted proxy access bylaws, including over 40% of S&P 500 companies. Given the widespread adoption of proxy access by large U.S. companies, it was only a matter of time before a shareholder...more

Employee Benefits Developments - October 2016

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of October, 2016. 2017 Benefits Limits Announced - The Internal Revenue Service and Social Security...more

Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”

Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest”...more

The World’s Healthiest Trademark Puffery

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“....more

MoFo New York Tax Insights - Volume 7, Issue 8

ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company - A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more

Five New Challenges Facing Retail Employers

This issue of Take 5 is devoted to recent laws and court rulings that have particular significance for retailers. These five short articles address fundamental changes to policies and practices in the retail workplace,...more

Maintaining Patient Privacy In The Digital Age

Those in the heavily regulated healthcare industry know that patient information is sacrosanct. And for good reason; improper handling can result in hefty fines or criminal prosecution under the Health Insurance Portability...more

Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements

On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods corporate entities and...more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

Hedging with Distributed Renewable Generation Sources in Times of Fossil Fuel Price Volatility

Until very recently, mainstream power purchasers have not viewed renewable energy as a reliable hedge against other energy sources, mostly because the costs associated with constructing or purchasing the output of renewable...more

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National...more

Can Your Employees Take A Selfie At Work?

Many employers maintain policies prohibiting employees from using cell phones and other recording devices at work. The reasons for such policies range from maintaining productivity, to protecting customer and employee...more

Sweet Victory: Whole Foods Uses FDA Regulations to Dismiss Complaint in Greek Yogurt MDL

This month, United States District Judge Sam Sparks of the Western District of Texas dismissed a Second Amended Consolidated Complaint in an MDL styled In re: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales...more

Workplace Recording Bans and the NLRA: Are "No-Recording" Policies Still Allowed?

The ubiquity of smartphone applications ("apps") that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement...more

Recent NLRB Work Rule Decision Strikes Down Another Commonly Promulgated Policy

Issuing yet another blow to commonly promulgated workplace rules, the National Labor Relations Board (“NLRB”) struck down a Whole Foods Market policy prohibiting employees from recording conversations, meetings, phone calls...more

NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

NLRB rules employees can record conversations at work

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work....more

To Record or Not to Record, That is the Question

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more

NLRB Invalidates Another Employer Conduct Policy

On December 24, 2015, in Whole Foods Market, Inc., 363 NLRB No. 87 (2015) (Whole Foods), the National Labor Relations Board (Board) invalidated two Whole Foods Market policies that prohibited employees' use of recording...more

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