Posts Tagged: violated
Apple’s union-busting practices violated employee rights at NYC store, judge rules
Apple is once again in trouble for its union-busting practices. The National Labor Relations Board (NLRB) judge ruled Apple interfered with employees' organizing efforts at its World Trade Center store in New York City after workers, Bloomberg reported. Managers were found to have taken away pro-union flyers in the break room and attempted to dissuade employees from joining unions, which prosecutors argued had led employees to end the organizing campaign. A judge ordered Apple "cease and desist from coercively interrogating employees regarding their protected concerning activities and Union sympathies."
The news broke in early 2022 that Apple store workers nationwide were quietly organizing in response to concerns that their wages didn't reflect the rising cost of living. However, Apple soon hired the anti-union law firm Littler Mendelson, which also represents Starbucks and McDonalds, among others. The company also instructed store managers to share anti-union sentiments, such as warning employees that joining a union could bring reduced pay, career opportunities and time off. That May, the Communications Workers of America filed Unfair Labor Practice charges for the Apple stores in the World Trade Center and Atlanta's Cumberland Mall.
Union efforts are slowly gaining ground at Apple stores across the country. The NLRB previously found Apple had violated federal law in Atlanta, including daily mandatory anti-union meetings for employees and interrogating workers. Last year, employees at an Apple store in Maryland and another in Oklahoma voted to unionize. Yet, other locations like the St. Louis branch abandoned plans to unionize, blaming similar tactics by Apple.
This article originally appeared on Engadget at https://www.engadget.com/apples-union-busting-practices-violated-employee-rights-at-nyc-store-judge-rules-115036323.html?src=rss
Engadget is a web magazine with obsessive daily coverage of everything new in gadgets and consumer electronics
Google found to have violated order to save chat evidence in Epic antitrust case
A federal judge has ruled that Google violated a court order requiring it to preserve employee chat messages relevant to Epic's antitrust case, according to Bloomberg and CNBC. San Francisco US District Judge James Donato said the tech giant "adopted a 'don't ask, don't tell' policy for keeping messages, at the expense of its preservation duties," and must be sanctioned for its actions. Donato has yet to decide on what sanctions and penalties Google should face, but he ordered the company to cover Epic's attorney's fees related to this particular issue.
Donato said in his decision that Google gave almost 360 employees the complete freedom to decide whether or not to preserve chat histories. In a separate filing by the Department of Justice over the same complaint, the agency explained that the tech giant's internal chatroom, which is used to discuss "substantive and sensitive business," is set to delete chat messages within 24 hours by default. The agency expected Google to change its chat history setting in 2019 when it "reasonably anticipated [the] litigation," but it still allegedly left the decision to individual employees.
Epic Games, to support its case, recently submitted exhibits to show how Google employees tend to switch off chat history. In one example from 2021, Google CEO Sundar Pichai allegedly wrote: "…also can we change the setting of this group to history off." He attempted to delete that message a few seconds later, according to the filing. Google employees also reportedly switch off chat histories when discussing topics, such as revenue sharing and mobile app distribution agreements, as well as a project that involves changing commission rates for Google Play.
In a statement, a Google spokesperson said the company has worked with Epic and investigators over the years and has handed over millions of documents: "Our teams have conscientiously worked, for years, to respond to Epic and the state AGs’ discovery requests and we have produced over three million documents, including thousands of chats. We'll continue to show the court how choice, security, and openness are built into Android and Google Play," they said.
The judge will hold further proceedings to finalize the sanctions Google must face. Donato said he'd like to see the evidence available "at the end of fact discovery," so that Epic would be better positioned to "tell the Court what might have been lost in the Chat communications."
This article originally appeared on Engadget at https://www.engadget.com/google-found-to-have-violated-order-to-save-chat-evidence-in-epic-antitrust-case-052711779.html?src=rss
Engadget is a web magazine with obsessive daily coverage of everything new in gadgets and consumer electronics
NLRB says Tesla violated the law by telling employees not to talk about pay
The National Labor Relations Board has accused Tesla of violating labor law by prohibiting employees in Orlando, Florida from talking about workplace matters. According to Bloomberg, NLRB's Tampa regional director filed a complaint against the automaker in September for breaking the law when it told employees not to discuss their pay with other people and not to talk about the termination of another employee. In addition, based on the filing the news organization obtained through a Freedom of Information Act request, Tesla management reportedly told employees "not to complain to higher level managers" about their working conditions.
Tesla has had to face several complaints by the NLRB over the past years. In 2021, the agency found that the automaker had violated US labor laws by firing a union activist and threatening workers' benefits. The NLRB ordered the company to rehire union activist Richard Ortiz and to remove all mentions of disciplinary action from his files. It also ordered Tesla chief Elon Musk to delete a tweet that the court had deemed a threat that employees would be giving up company-paid stock options if they join a union. The tweet in question is still live, and Tesla is appealing the NLRB's ruling in court.
An agency spokesperson told Bloomberg that a judge will hear the complaint filed by the Tampa regional director in February. As the publication notes, companies can still appeal the agency judges' decision to NLRB members in Washington and then to federal court, so any corrective action may take years to happen.
Elon Musk claims Twitter’s legal team told him he violated an NDA
Elon Musk’s tweeting may have landed him in legal trouble again. As you may recall, the Tesla and SpaceX executive tweeted on Friday that his deal to buy Twitter was “temporarily on hold” after the company disclosed that fake and spam accounts represented less than 5 percent of its monetizable daily active users during the first quarter of 2022.
Twitter legal just called to complain that I violated their NDA by revealing the bot check sample size is 100!
This actually happened.
— Elon Musk (@elonmusk) May 14, 2022
After his tweet prompted Twitter CEO Parag Agrawal to say the company was “prepared for all scenarios,” Musk stated his team would test “a random sample of 100 followers” to verify Twitter’s numbers. According to the billionaire, one of the answers he gave to a question about his methodology prompted a response from Twitter’s legal team.
“I picked 100 as the sample size number, because that is what Twitter uses to calculate <5% fake/spam/duplicate,” he said in the alleged offending tweet. “Twitter legal just called to complain that I violated their NDA by revealing the bot check sample size is 100,” Musk later said of his actions.
We’ve reached out to Twitter for comment.
In another twist in Musk’s bid to buy Twitter, he also took aim at the platform’s algorithmic feed. “You are being manipulated by the algorithm in ways you don’t realize,” he said.
The message drew the attention of former Twitter CEO Jack Dorsey. “It was designed simply to save you time when you are away from [the] app for a while,” Dorsey told Musk. “Pull to refresh goes back to reverse chron as well.”
it was designed simply to save you time when you are away from app for a while.
pull to refresh goes back to reverse chron as well.
— jack⚡️ (@jack) May 14, 2022
Dorsey then responded to someone who said Twitter’s algorithmic feed was “definitely” designed to manipulate. “No it wasn’t designed to manipulate. It was designed to catch you up and work off what you engage with,” Dorsey said. “That can def have unintended consequences tho.”
Musk later appeared to walk back his comment. “I’m not suggesting malice in the algorithm, but rather that it’s trying to guess what you might want to read and, in doing so, inadvertently manipulate/amplify your viewpoints without you realizing this is happening,” he said.
Should something come of Musk’s actions, this wouldn’t be the first time one of his tweets has landed him in legal trouble. Back in 2018, his now-infamous “funding secured” tweet attracted the attention of the US Securities and Exchange Commission, leading to a $ 40 million settlement with the agency that he’s now trying to end.
OnePlus 5T may have violated a patent with its face unlock feature
OnePlus used their home-grown version of face unlock on the OnePlus 5T this year, giving users a quick and mostly secure way to unlock their devices. And honestly, the feature worked pretty well compared to some previous Android devices that utilized face unlock. However, one of the potential reasons for the OnePlus 5T’s successful feature may be […]
Come comment on this article: OnePlus 5T may have violated a patent with its face unlock feature