Fired Starbucks Worker Reinstated

By Forum Staff

Mayor Eric Adams and New York City Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga on Monday announced a settlement with coffee giant Starbucks over the wrongful termination of Austin Locke in violation of the “just cause” protections of New York City’s New York City’s Fair Workweek Law.

Last fall, DCWP announced a lawsuit against Starbucks for illegally firing the longtime barista from one of its Astoria locations. Starbucks has now agreed to reinstate Locke to his former position at the Astoria Starbucks where he worked, pay over $21,000 in backpay and penalties, and comply with the city’s Fair Workweek Law going forward.

“Getting reinstated is not just a win for me but a win for the working class,” Locke said. “Let this be an example to all: In New York City, you can’t mess with workers.”

In July 2022, DCWP received a complaint from Locke alleging that Starbucks had unlawfully fired him from his job. DCWP quickly launched an investigation and found that Starbucks did in fact terminate Locke unlawfully. DCWP gave Starbucks an opportunity to reinstate Locke at the conclusion of the investigation. When Starbucks failed to do so, DCWP filed a petition on Sept. 1, 2022 with the New York City Office of Administrative Trials and Hearings. The petition requested an order of reinstatement and backpay for Locke, which he will now receive under this settlement.

Under the Fair Workweek Law, it is illegal for fast food employers to fire or lay off workers who have completed a probation period of 30 days, or reduce their hours by more than 15 percent, without just cause or a legitimate economic reason. Whenever an employee is discharged or has their hours reduced by 15 percent or more without their consent, the employer must give the worker a notice of discharge in writing within five days that explains the reason. A discharged employee who loses a scheduled shift is entitled to premium pay for each lost shift. Employers and employees can visit the city’s workers’ rights page or call 311 (212-NEW-YORK outside New York City) for more information about the law, including an overview of the law, information about the required progressive discipline policy, different templates for signage that must be posted, and FAQs.

“New York’s workers should know that we will always fight to protect their rights,” Adams said. “Thanks to the efforts of our administration, Austin Locke will be returning to his job today at Starbucks — and with thousands of dollars in backpay in his pocket. We will not stand by when an employee is unlawfully terminated, and I commend DCWP for its quick work in this case.”

Since the Fair Workweek Law went into effect in November 2017, DCWP has received more than 520 complaints about potential Fair Workweek violations, closed more than 230 investigations, and obtained resolutions requiring nearly $27.1 million in combined fines and restitution for more than 20,100 workers.

DCWP Commissioner Vera Mayuga added, “DCWP will not hesitate to take legal action to put someone back to work after an unlawful termination. Any fast food worker who believes they’ve been fired unfairly should contact us immediately.”

The Pharmacist’s Corner

Presented by Frank Pantina, R.Ph

Allergy Busting

The Early Bird Can Shut Down Suffering

Although some may argue that it's too early to introduce the subject ma er of this column, I've always subscribed to the common sense theories behind early preparation.

A er the fabled terror that March weather can o en bestow upon us, comes April-- and the long-awaited beginning of Spring!

But the beautiful sights and smells of the blossoms that accompany April are not the only arrivals that mark start of Spring.

e American Academy of Allergy, Asthma and Immunology says that more than 50 million Americans su er from allergies. Among the most common are food, dust, pollen mold, insect stings, animal dander , medications and latex.

While some allergy su erers may only face irritations from minor symptomology, others can have life-threatening reactions and without medical a ention, they can die.

Fortunately, for those people with less severe conditions, the secret to freedom from those maddening itches, sneezes, scratchy throats and watery eyes, is as near as the counters and shelves of your local pharmacy. A host of over the counter (OTC), remedies available are sure to bring an end to your misery.

Leading experts in the allergy eld have made the suggestion that treating your symptoms early can lead to reducing the e ects of allergy-associated respiratory distress.

ere is also staunch support for monitoring the pollen count and remaining indoors during the hours when the counts are at their highest (10 am to 4 pm). Other advice is to use lters and keep windows closed during the day.

ere is also great advocacy for continued spring cleaning--that's right--mop those oors and wash the curtains regularly.

When allergy su erers spend long periods of time outside, they can also minimize e ects by showering o en, washing their hair and clothes to get rid of allergens that are carried into the home upon returning from a day outside.

Remember it's not only your personal grooming that needs focus. Regular bathing and brushing of your pets will greatly reduce the irritants in your home. And as hard as it may be on your heart, try keeping your furry friends out of the bedroom.

If you'd like to help your healthcare providers gure out how best to manage your individual condition, you should also keep a journal to track the time of day you symptoms are at the height.

Your local pharmacist can o er invaluable advice on many products to ease your su ering.

Readily available nasal sprays like Flonase Allergy Relief , Nasacort Allergy 24 HR can treat runny noses, sneezing, itchy or watery eyes and scratchy throats.

Next on the scene are Antihistamines like Allegra, Zyrtec that are time released and can provide relief for long periods of the day without drowsiness. Decongestants like the QlearQuil product line o ers combined therapies to combat sinuses and congestion.

Finally, air lters that t inside the nose o er protection and assistance for keeping allergens out before they gain entrance to your system . ese are drug free products and act to block things like dust, pollen and pet dander from nding their way into your respiratory system.

For your family’s prescription needs, please call CROSS BAY CHEMIST at 718-659-9500 or 718-880-1644

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