Vivian Dong is a student at Harvard Law School.
The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued an update to their anti-sex-discrimination rules. These rules apply only to federal contractors. Some of the updates, which clarify that the sex discrimination prohibition includes as forbidden adverse treatment based on gender stereotypes and adverse treatment based on an individual’s gender identity, can be found here. The full text of the final rule can be found here.
Macy’s and the Retail, Wholesale, & Department Store union, which represents thousands of Macy’s workers in the New York City area, reached a tentative new four-year labor contract on Thursday. Preparations to strike were underway on Wednesday before union leaders and Macy’s representatives arrived at an overnight agreement. Concerns for workers included high healthcare costs and the Macy’s commission system, under which currently employees could face reduced paychecks when customers return previously bought items.
The editorial board of the New York Times wrote an op-ed claiming that there is now “no doubt” H-1B visas are being used by companies to substitute American workers with cheap foreign laborers. The New York Times cites Abbott Laboratories, an Illinois-based healthcare conglomerate that recently laid off about 150 tech workers to substitute them H-1B visa holders, as evidence of this trend. A group of fourteen such tech workers have filed claims with the EEOC, claiming discrimination on the basis of their American citizenship. This adds to the mounting criticism of the H-1B visa program, which presidential candidate Donald Trump has criticized and occasionally suggested abolishing.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]