The Supreme Court announced on Monday that it granted certiorari in Somers v. Digital Realty Trust, Inc., to decide whether whistleblowers who report misconduct internally, and not externally to the SEC, are entitled to anti-retaliation protections under the Dodd-Frank Act. The Ninth Circuit had ruled that employees who report internally were entitled to protection. This ruling was in line with a Second Circuit decision, as well as official SEC comments on the issue. Andrew Cheresney, former SEC Enforcement Director, stated “the Commission has filed six briefs in courts of appeals, and nearly a dozen briefs in district courts, in support of its rule clarifying that individuals who make internal reports of possible securities law violations are protected under the Commission’s whistleblower rules.” Reuters reports.
Samsung is slated to open a factory in South Carolina and employ an estimated 950 people to make washing machines and other home appliances. A growing demand for American-made goods from retailers like Walmart, rising costs of labor in China, and President Trump “statements about renegotiating free-trade agreements and potentially imposing import duties” have spurred many retailers, like Alibaba and LG to invest in factory jobs in the United States. The New York Times reports.
The New Jersey state legislature recently passed a bill prohibiting employers from asking about salary history. If signed by Governor Chris Christie, New Jersey would join the likes of Massachusetts, Delaware, New York, Oregon, and Philadelphia (as previously reported on the blog here).
China has released the three labor activists detained for investigating abusive labor practices in factories that manufacture shoes for Ivanka Trump’s line. Though Ivanka Trump has not commented on the investigators’ detention, she noted in a State Department speech on Tuesday that “ending human trafficking is a major foreign policy priority of the Trump administration.” The New York Times reports.
Daily News & Commentary
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September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.
September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.