At the New York Times, Michael Corkery writes about the allies “Dreamers” find in the business world. The article, which identifies public statements made in support of the Deferred Action for Childhood Arrivals (DACA) program by prominent business figures (e.g. Mark Zuckerberg), is published on the heels of reports that the Trump administration intends to end DACA with a six-month delay.
Further to yesterday’s commentary on the North American Free Trade Agreement (NAFTA) negotiations, Reuters reports that the “Trump administration’s expected demands for U.S.-specific automotive content requirements was emerging as a major obstacle to a deal.” Such requirements would establish that a certain portion of a car’s components be U.S.-made in order to receive duty-free treatment. As the article reports, this would create complications for both Detroit and international auto-manufacturers. The Trump administration has identified reducing the U.S. trade deficit as a “top priority” in renegotiating the Agreement, and the auto sector comprises most of the trade deficit with Mexico.
Last week, the Sixth Circuit held that putting a workplace grievance on hold because the employee files an EEOC charge constitutes retaliation. In Watford v. Jefferson County Board of Education et al., 6th U.S. Circuit Court of Appeals, No. 16-6183, an African American woman and teacher initiated an internal grievance procedure after being fired, claiming discrimination based on her race, sex, and age. She also filed a charge with the EEOC, which, under the terms of the Collective Bargaining Agreement (CBA) between the school board and the teachers’ union, triggered a stay in the internal grievance. The court nonetheless determined that the stay in the internal grievance procedure violated the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act (ADEA), reasoning that there was “not a material difference” between staying and terminating internal grievance procedures, and the latter had been held to constitute retaliation in 2006 precedent.
In addition to yesterday’s Labor Day roundup of labor-themed writing, check out Senator Elizabeth Warren’s review of the Trump administration’s record with respect to workers and the middle class.
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November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing