Discord and rhyme at NLRB: Employer loses one, wins one

A new case from the U.S. 5th Circuit Court of Appeals (our federal appeals court) brings a mixed result for Texas employers. But, on the whole, a net positive.

Off tune at the karaoke bar

Hungry Like the Wolf is a restaurant in Houston with an ’80s theme that offers karaoke. Paul Peters was a manager of front-of-the-house operations. He supervised hosts, bartenders, servers, and bussers. It was a troubled tenure. The staff spoke up loud and clear, complaining about the following:

• Being assigned extra duties (included checking inventory, collecting money from the safe, and opening and closing the restaurant) without the benefit of extra pay;
• Making work schedules; and
• Telling them they would be named as a “shift supervisor” but without consistently receiving additional compensation.

Call a meeting!

It’s beyond me why companies call all complaining employes together in one room—isn’t that how the French Revolution started?—but Hungry Like the Wolf did. Words were exchanged, and the employes walked out.

The next day, most of the employees did not return to work. Some of these employees were denoted as “shift supervisors.” To make matters worse, the restaurant’s lawyer invited these employees to attend a meeting with him. This meeting, too, did not go well.