Mackenzie Bouverat is a student at Harvard Law School.
Following the victory of President-elect Joe Biden, focus has pivoted away from the tumult of electoral politics to the work of governance. Given the likelihood of a Republican-majority in the Senate, the incoming Administration is likely to face difficulty enacting the more ambitious facets of his labor agenda, as Deanna wrote yesterday. However, observers are speculating about the various mechanisms–including more robust OSHA enforcement and pro-labor appointments to the NLRB–through which the President-elect could see through parts of his agenda without resorting to the legislative process.
Last Friday, the Labor Department announced the addition of 638,000 jobs last month—the sixth straight monthly gain—and the jobless rate fell a percentage point to 6.9%. Of the 22 million jobs lost in March and April, the job market has now recovered 12.1 million. But according to the Wall Street Journal and CNBC, this is little cause for economic optimism: the recent record-breaking explosion in new coronavirus infections is likely prompt cities and states to shutter businesses again and force consumers to stay at home, reducing spending and inducing employers to cut labor costs.
Federal stimulus relief talks remain at a bitter standstill, and the majority of commenters expect no significant progress on a bipartisan “lame duck” package until January. Mitch McConnell has already indicated his unwillingness to compromise with Democrats on a “big stimulus” bill, indicating that he believes that small package is sufficient in light of the better-than-expected jobs report.
During a disconcerting investor call last Thursday, Uber CEO Dara Khosrowshahi indicated that the ride-share company’s intention to extend Prop 22 to other states: “Going forward, you will see us more loudly advocate for new laws like Prop 22, which we believe strike the balance between preserving the flexibility that drivers value so much, while adding protections that all gig workers deserve […] We want to have a dialogue with governments [in] other states.” Anthony Foxx, chief policy officer at Lyft, expressed a similar desire to export the ballot measure in an interview last Wednesday with The Hill: “Ideally, now that this issue has been resolved in California we can have a broader conversation about how to replicate something like Prop 22.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
June 23
Supreme Court interprets ADA; Department of Labor effectively kills Biden-era regulation; NYC announces new wages for rideshare drivers.
June 22
California lawmakers challenge Garmon preemption in the absence of an NLRB quorum and Utah organizers successfully secure a ballot referendum to overturn HB 267.
June 20
Three state bills challenge Garmon preemption; Wisconsin passes a bill establishing portable benefits for gig workers; and a sharp increase in workplace ICE raids contribute to a nationwide labor shortage.
June 19
Report finds retaliatory action by UAW President; Senators question Trump's EEOC pick; California considers new bill to address federal labor law failures.
June 18
Companies dispute NLRB regional directors' authority to make rulings while the Board lacks a quorum; the Department of Justice loses 4,500 employees to the Trump Administration's buyout offers; and a judge dismisses Columbia faculty's lawsuit over the institution's funding cuts.
June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.