Caeser’s Entertainment – Labor
National Labor Relations Board
The Board requested briefing on its decision in Purple Communications regarding the extent to which employees may use employer email systems for organizing purposes.
Nevada v. Department of Labor (Chipotle) – Labor & Employment
U.S. Court of Appeals for the Fifth Circuit
In an overtime case involving defendant Chipotle, NFIB Legal Center argued that the district court’s order regarding the Obama overtime rule blocked the overtime rule from taking effect nationwide, and any suggestion to the contrary is meritless.
Wynn v. Cesarz – Labor & Employment
U.S. Supreme Court – cert petition
The NFIB Small Business Legal Center joined an amicus brief that has urged the U.S. Supreme Court to overturn a 9th U.S. Circuit Court of Appeals decision finding that Wynn Las Vegas violated the Fair Labor Standards Act with its tip pooling procedure that required dealers to share their tips with box people at the craps tables and customer service team leaders who track players, help with credit lines, address casino-floor disputes and act as concierges. In 2010, the 9th Circuit Court of Appeals decided in Cumbie v. Woody Woo Inc. that an employer who pooled employee tips and distributed them to “both customarily tipped and non-customarily tipped employees” was within his or her rights because the FLSA was silent about employers who don’t take a “tip credit.” Because Wynn paid its tipped employees at least the minimum wage, the company did not take a tip credit.
International Union of Painters v. Tivoli Village – Labor
Nevada Supreme Court
This case raises important employer property rights issues and a new union tactic called “photo-bombing” in which a union projects its handballing messages onto the façade of an employer’s building by using large projection equipment located on public property. The union uses the façade like a giant movie screen and projects handbill messages that are often several stories high. It is like “bannering” on steroids. Tivoli Village was successful in obtaining injunctive relief. However, the union has taken an appeal from the District Court to the Nevada Supreme Court.
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