Vivian Dong is a student at Harvard Law School.
About 60,000 migrant workers left Thailand between June 23 and June 28, according to Thailand’s immigration bureau, after the country’s military government adopted new labor regulations addressing the prevalence and abusive conditions of migrant labor. A decree that came into effect on June 17 penalizes employers who hire undocumented foreign workers 800,000 baht (30,720 USD). In response, many businesses have fired workers. Other workers, fearing an impending crackdown, have left on their own volition. The majority of Thai migrant workers come from Myanmar. Labour officials there report that over 16,000 Burmese migrant workers have returned home over the weekend. Most have been staying in government buildings retrofitted to provide temporary shelter for one or two days before continuing on to their hometowns. These chaotic conditions pose a high risk of human trafficking. Over 3 million migrant workers work in Thailand.
On Friday, the 10th Circuit invalidated an Obama-era Department of Labor regulation forcing employers to share gratuities with workers where workers are already receiving the federal minimum wage. The regulation states that all tips “are property of the employee,” regardless of how much the workers make in regular wages. A three-judge panel held that the regulation went beyond the statutory authority granted to the Department of Labor in the Fair Labor Standards Act, as the FLSA provisions at issue, those dealing with “tip credits,” only address employers who use tips to bring workers up to the minimum wage. The 10th Circuit’s holding deepens the circuit split on the issue, as the 9th Circuit upheld the regulation last year, a decision now on review for certiorari.
Microsoft is reportedly planning to lay off thousands of employees around the world as part of its shift in focus to cloud services. Azure, Microsoft’s cloud computing platform, has seen impressive revenue growth—94% in the third quarter of 2017. The planned restructuring will primarily affect Worldwide Commercial Business, Microsoft’s global sales and marketing group, which has primarily been trained to sell Microsoft’s software products.
Daily News & Commentary
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April 29
In today’s news and commentary, CFPB mass layoffs paused again, Mine Safety agency rejects union intervention, and postdoctoral researchers petition for union election. A temporary pause on mass firings at the Consumer Financial Protection Bureau (CFPB) has been restored. After a trial court initially blocked the administration from mass firings, the appeals court modified that […]
April 28
WA strike bill goes to governor; MLBPA discloses legal expenses; Ex-Twitter employees seek class certification against Musk.
April 27
Judge thwarts Trump's attempt to strip federal workers' labor rights; AFGE to cut over half of its staff; Harvard unions rally amid attacks.
April 24
NLRB seeks to compel Amazon to collectively bargain with San Francisco warehouse workers, DoorDash delivery workers and members of Los Deliveristas Unidos rally for pay transparency, and NLRB takes step to drop lawsuit against SpaceX over the firing of employees who criticized Elon Musk.
April 22
DOGE staffers eye NLRB for potential reorganization; attacks on federal workforce impact Trump-supporting areas; Utah governor acknowledges backlash to public-sector union ban
April 21
Bryan Johnson’s ULP saga before the NLRB continues; top law firms opt to appease the EEOC in its anti-DEI demands.