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Welcome back to Unbiased! Your

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favorite source of unbiased news

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and legal analysis. Welcome.

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Back to unbiased. Today is Tuesday, April twenty

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third. This is your daily news rundown. You

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already know the drill If you love what

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you here today and you absolutely love that

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this podcast is unbiased and leaves you feeling

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informed, please go ahead and leave my show

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a review on whatever platform you listen. Sure

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the show with your friends it for watching

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on you tube. Hit that thumbs up and

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subscribe to the channel. All of the things

0:30

that really helped me in today's episode will

0:32

soar with an update from yesterday's episode and

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the will touch on a few stories from

0:37

today. Of this is a little

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bit shorter of an episode. There just

0:41

wasn't much going on today, But that's

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okay because I have my work cut

0:45

out for me tomorrow. And Thursday the

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Supreme court is hearing arguments in to

0:50

pretty controversial cases. Tomorrow's case presents a

0:52

question of whether Am Tala preempts Idaho's

0:54

enactment of a near total abortion man,

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and then Thursday is Trump's presidential immunity

0:58

case, so a lot going on with

1:00

that. I'm okay with, say, being a

1:02

slow day, so without and without further

1:05

ado, let's get into to these stories.

1:07

In yesterday's episode, I briefly touched on

1:09

the situation at Columbia University and the

1:12

switch to virtual class amid the protests

1:14

against the war in Gaza. I said

1:16

I wasn't sure how long the virtual

1:18

class situation was going to be in

1:21

effect, but last night we got in

1:23

Update: So the university released a statement

1:25

that said all classes on Columbia's Mean

1:27

Cat campus would remain hybrid it through

1:30

the end of the semester, with the

1:32

arts programs and practice based programs being

1:34

the exception. Now, without said, there's a

1:36

less. Than a week of classes left.

1:38

So April twenty ninth is the last day

1:41

of classes before finals start on May Third

1:43

and and on May tenth. So I would

1:45

imagine that maybe finals are sort of held

1:47

remotely or in that hybrid situation as well

1:50

for those students who maybe don't feel comfortable

1:52

coming to campus because I do think exams

1:54

are still considered part of the regular semester.

1:57

But all of this to say that is

1:59

the most. Update and the current

2:01

semester is almost over. Now today, the

2:03

Supreme Court heard oral arguments and a

2:06

kid could. Starbucks vs Mckinney And the

2:08

reason I wanted to cover this is

2:10

because some of the headline surrounding this

2:13

case had been a little bit

2:15

misleading. For instance or Reuters headline

2:17

reads: the United States Supreme Court

2:19

examined filings of pro union Starbucks workers

2:21

that's not necessarily true and pr a

2:23

little bit closer. There have been said

2:26

what the Starbucks case at the Supreme

2:28

Court is all about. Hint: It's

2:30

not coffee and it's not coffees. This

2:32

isn't a case about coffee and this

2:35

is not. It's definitely not a case

2:37

about whether to be twenty twenty two.

2:39

Firing of union workers was permissible or

2:41

constitutional. This the suit is a procedural

2:43

disputes of. This is a case that

2:46

you will learn about as a first

2:48

year law student when learning about preliminary

2:50

injunctions and court procedure. The actual involvement

2:52

of Starbucks in this case is pretty

2:55

irrelevant aside from the fact that it's

2:57

a party to the case. But let's

2:59

briefly talk. About it anyway, because

3:01

I want to make sure we're

3:03

all on the same page. So

3:06

the parties involved here are Starbucks

3:08

and the National Labor Relations Board,

3:10

which is responsible for investigating allegations

3:12

of wrongdoing brought by workers, unions,

3:14

and employers. So in January of

3:17

twenty twenty two, seven Starbucks workers

3:19

in Memphis, Tennessee, five of which

3:21

were union workers, were fired. Now,

3:23

these workers had invited a news

3:26

crew into the Starbucks or After

3:28

Hours to promote a unionization. Drive.

3:30

So after this or her clothes

3:32

for the day is employees came

3:34

back on lock the sore at

3:36

let the news crew an locks

3:38

the door behind them and then

3:40

spent roughly an hour participating in

3:42

unionization related interviews. Long story short,

3:44

Starbucks finds out about you know

3:47

the situation fires the employees for

3:49

violating company policy. It's an avid

3:51

as employees were fired the employees

3:53

filed charges with the National Labor

3:55

Relations Board alleging Starbucks had committed

3:57

unfairly were practices by firing them.

4:00

I know. Rb National Labor Relations

4:02

Board then files and I'm in

4:04

administrative complain on behalf of the

4:07

employees and subsequently petitions a Federal

4:09

district court for a preliminary injunction

4:11

pending the resolution of the case.

4:13

The the authority to do this

4:16

comes from the National Labor Relations

4:18

Act specifically Section Tenant J. Sections

4:20

Nj games the Nlrb, the ability

4:23

to seek a preliminary and function

4:25

from a court when labor disputes

4:27

are pending. I've spoken about preliminary

4:30

injunction. Before let me refresh your memory

4:32

of it's up coming to mind I will

4:34

touch on two instances. Where are you may

4:36

see are: preliminary injunction come into Play Solitaire

4:39

You file a lawsuit against someone because that

4:41

person is is actively doing something that you

4:43

have an issue us. Because.

4:45

The lawsuit takes a very long time

4:47

to resolve Rate the these losses can

4:49

take a long time. You can ask

4:52

a judge for a preliminary injunction if

4:54

you get this request granted it will

4:56

a centrally order the person you're suing

4:58

to stop whatever they're doing until the

5:00

court issues of final ruling in the

5:02

case. Oh another and since where we

5:04

may see a preliminary injunction come into

5:06

play as on appeal on this one

5:08

we have definitely talked about the let's

5:10

say you lose the case but you

5:12

want to appeal. When you appeal you

5:14

can ask. For a preliminary injunction at

5:17

which Will be sickly, put the lower

5:19

court's ruling on hold while the appeal

5:21

plays out. So those are a couple

5:23

of instances where a preliminary injunction may

5:26

be sought. It's essentially a temporary stopover.

5:29

In this case the National Labor

5:31

Relations Board was were passing through

5:33

an injunction and at this among

5:35

other things right they requested a

5:37

bunch of things. The one of

5:39

the things that the and function

5:41

with seeking to do was require

5:43

Starbucks to reinstate be terminated employees.

5:45

While this labor dispute with pending.

5:48

Now, traditionally, when you seek out a

5:50

preliminary injunction, there are four factors that

5:53

a court will consider when deciding whether

5:55

to grant or deny your requests. But

5:57

when it comes to waver to see.

6:00

Or request for an injunction. Any

6:02

labor disputes. it's called a ten J

6:05

injunction because of the particular started that

6:07

governs it's courts use a different standard

6:09

so it's no law. No longer

6:11

that for five or test it become

6:14

sort of a two pronged and service

6:16

says that this to contest is too

6:18

lenient and it makes it easier for

6:21

the Nlrb to harder injunction requests

6:23

granted. So. In a traditional court

6:25

case, the court, like I said, look

6:27

at poor factors. One is there a

6:29

likelihood of success on the merits of

6:32

the case? So once all arguments are

6:34

heard, is the party requesting the injunction

6:36

likely to succeed? To whether

6:38

the party requesting me and

6:41

Seung Sahn will suffer irreparable

6:43

harm with out the injunction.

6:46

Number. Three is whether the Balance

6:48

of Equities tips and be requesting

6:50

parties fever and number four is

6:52

weird as the public interest law

6:55

does the public's interest lie in

6:57

granting me injunction or denying the

6:59

injunction requests so doubtful courts consider

7:02

when it's are typical court case.

7:04

But when it comes to labor

7:06

disputes court supply what is sometimes

7:09

called the just and Proper test

7:11

and the Just Improper test is

7:13

specifically support in section Ten J.

7:16

Of the National Labor Relations Act and

7:18

itself at the test is set forth

7:20

in the sense as you know it

7:22

tells a court what questions to ask

7:24

but with the law says is this

7:27

is as upon the filing have any

7:29

such petition by the Nlrb, the court

7:31

has jurisdiction to grant the and L

7:33

R be released as it deems just

7:35

and proper. So what the court below

7:37

in the service case did when deciding

7:40

whether to grant or deny the and

7:42

L R Bees and Drunks and request

7:44

is it looked at two factors. It

7:46

looked at whether there is reasonable

7:49

cause to believe in unfair labor

7:51

practice has occurred, and it also

7:53

looked at whether the injunctive relief

7:56

is just and proper. And again,

7:58

Starbucks as a. That is too

8:01

easy. and based on that two

8:03

prong tests, the National Labor Relations

8:05

Board bowl win on their requests

8:07

for an injunction nearly every time.

8:09

The Starbucks as we need to

8:11

start applying the traditional for soccer,

8:13

tennis to labor disputes and get

8:15

rid of the just and proper

8:17

two pronged. So the question for

8:19

the court here is whether a

8:21

port, when assessing a preliminary injunction

8:23

replaced in a labor disputes must

8:25

use the traditional for prom test

8:27

or whether Ten J injunctions are

8:29

subject. To a different, more lenient standards,

8:31

we will likely have a decision from

8:34

the justices in June, perhaps earlier, but

8:36

it's looking like June at this rate.

8:38

And just to kind of be as

8:40

clear as possible if the justices rule

8:43

in favor of the an hour beats,

8:45

nothing really changes, and the standard in

8:47

obtaining a ten day and junction when

8:50

it comes to labor disputes remains what

8:52

it currently is. However, if the justices

8:54

ruled in favor of Starbucks, it'll become

8:56

more difficult for the Nlrb to obtain

8:59

injunctions, So dots. With the Faucet is

9:01

all about Not about coffee. Know that

9:03

whether these these employees for were wrongfully

9:05

terminated it's a procedural disputes. Onto

9:07

the next sorry the deal J

9:09

announced a one hundred and thirty

9:11

eight point seven million dollar settlement

9:13

with the victims of disgraced former

9:16

Usa Gymnastics doctor Larry Nassar. In.

9:18

A statement posted it to the

9:20

deities website. The D O J

9:22

wrote quote these settlements will resolve

9:24

administrative claims against the United States

9:26

alleging that the Sp I fail

9:28

to conduct in adequate investigation of

9:30

Nasr conduct. In July Twenty Twenty

9:33

one, the Department's Office of the

9:35

Inspector General issued a report critical

9:37

of certain aspects of the As

9:39

The Eyes response to an investigation

9:41

of allegations against Nasr. The settlement

9:43

agreements which have been approved by

9:45

the Department resolve one hundred and

9:47

thirty. Nine claims for a total

9:50

of one hundred and thirty eight

9:52

point seven million dollars to be

9:54

distributed to the claimants and quotes.

9:56

So. Those one hundred and thirty

9:58

nine it claims. Referenced in the

10:01

Deity Steam and were filed by

10:03

various athletes and patience of Larry

10:05

Nassar against the D O J

10:07

and As The Eyes in Total

10:09

Bs Cleans assault roughly a billion

10:11

dollars and the reason these claims

10:13

are brought his because this watchdog

10:15

report found that the As the

10:17

I hide it in the F

10:19

B I was notified of Nasser

10:21

sexual misconduct but failed to act

10:23

on it for more than fourteen

10:25

months and then once the agents

10:27

did ask on it and good

10:29

start investigating. There were a

10:31

fundamental errors and violations of multiple

10:34

As the I policies. So following

10:36

this watchdog report the victim fall

10:38

various claims against the Deirdre in

10:40

As the Ice and this settlement

10:42

is that is those agencies that

10:45

E O J F B I

10:47

resolving those disputes and compensating the

10:49

victims for their failures be fun

10:51

for each day Is that the

10:54

Biden Administration announced a new rule

10:56

this afternoon which will extend mandatory

10:58

overtime pay to millions. More salaried

11:00

workers starting July first. So here's

11:03

how it'll work starting July. Fourth,

11:05

Employers will be required to pay

11:07

overtime to those employees that earn

11:10

a salary of less than forty

11:12

three thousand and eight hundred and

11:14

eighty eight dollars per year and

11:17

work more than forty hours per

11:19

week. then on January first of

11:21

next year or. Of. Twenty Twenty

11:24

Five, the salary threshold increases to Fifty

11:26

Eight thousand, Six Hundred and Fifty Six.

11:28

Then in Twenty Twenty Seven, this salary

11:30

threshold will automatically increase every three years

11:33

to reflect changes in average earnings. So

11:35

this overtime pay requirement won't not extend

11:37

to workers that are put our really

11:39

it only extends to those on an

11:41

annual salary and of course only tix

11:44

and once and employees or passes forty

11:46

working hours in a week. Now for

11:48

the question I'm sure a lot of

11:50

you have How is this different? Them

11:52

where things. And currently, how does

11:55

this change things? Or currently the

11:57

salary threshold is thirty Five Thousand

11:59

Five hundred. Sixty Eight Dollars. annually. This

12:01

is set in Twenty Twenty by the Trump.

12:03

Administration. So under that rule, those employees

12:05

who work more than forty hours a

12:08

week and earn less than thirty five

12:10

thousand, five hundred and sixty dollars annually

12:12

to receive overtime pay from their employers.

12:15

But this new rule increases the current

12:17

threshold by about eighty four hundred dollars

12:19

for in July First it then increases

12:22

by another fourteen thousand and eight hundred

12:24

starting January first. And then obviously you

12:26

have the subsequent increases every three years

12:29

serving and twenty twenty seven. Now, couple

12:31

of other things that are worth. Mentioning

12:33

his one under federal law, overtime

12:36

pay is one and a half

12:38

times the regular pay rates to.

12:40

Even. If a salary worker earns

12:43

over, the salaries are sold that

12:45

employ. You may still be eligible

12:47

for overtime pay as long as

12:49

they don't primarily perform management related

12:51

duties. However, those workers are generally

12:53

exams if they earn a salary

12:55

of more than one hundred and

12:57

seven thousand. Currently, it's though the

12:59

new rule raises output off to

13:01

about one hundred and fifty thousand

13:03

annually, and then the final thing

13:05

that I want to know is

13:08

that this new rule will almost

13:10

certainly face legal challenges. President Obama

13:12

actually issued a similar role during

13:14

his presidency and that was ultimately

13:16

shut. So this will probably be

13:19

challenge on a similar basis which

13:21

could delay the implementation. But

13:23

that is hop You know that's what the

13:25

rule says as of today said that is

13:27

what I have for you today. Thank you

13:29

so much for being Harris I hope you

13:32

have a fantastic night and I was on

13:34

See tomorrow.