Vivian Dong is a student at Harvard Law School.
NLRB Chairman Philip Miscimarra will leave his position upon his term’s expiry in December. Miscimarra wrote in an undated letter to NLRB employees that though he had been “encouraged to consider a reappointment,” he has informed the White House that he cannot remain past the term for family reasons. Miscimarra has criticized many of the pro-labor opinions issued by the NLRB throughout the Obama era. Prior to joining the NLRB, Miscimarra was a partner at Morgan Lewis & Bockius LLP, a law firm noted for its management-side labor law practice. If and when the Senate confirms William Emanuel’s nomination, the NLRB will have its first Republican majority in almost ten years.
Kansas City residents will vote today on whether to raise the city’s minimum wage from $7.70 to $10, and eventually $15 in 2022. The vote will be purely symbolic, as the Missouri state legislature passed a measure in May barring municipalities from increasing the minimum wage above the state floor, pre-empting local action. The May measure pre-empted an earlier St. Louis city ordinance raising the minimum wage to $10, so that St. Louis workers making minimum wage will see their wages revert back later this August to $7.70. In response, local SEIU chapters are organizing for a statewide referendum proposing a $12 minimum wage across Missouri.
Google CEO Sundar Pichai released a letter to employees, available also to the general public, regarding a widely-circulated internal memo by a male engineer at Google criticizing gender diversity initiatives and claiming biological differences account for women’s underrepresentation in tech. Pichai announced that the memo’s author had been fired. Pichai recognized employees’ rights to express their opinions, especially with respect to the wisdom of company policies, but stated that “to suggest a group of our colleagues have traits that make them less biologically suited to that work is offensive and not OK.” Damore confirmed that he has been fired for “perpetuating gender stereotypes,” and stated that he will be exploring legal remedies. Before Damore was fired, he had submitted a charge to the NLRB accusing Google and attempting to silence him after the memo’s release sparked a furor.
Daily News & Commentary
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December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume