Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case. As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of interest and should have recused himself. The motion argues, among other things, that the Inspector General Report concluding that Member Emanuel should have recused himself lacked support.
President Trump will be in California today to view border wall prototypes in San Diego. California politicians have voiced tepid (at best) responses to the trip. Governor Jerry Brown, in an open letter published yesterday, said that California is focused “on bridges, not walls,” and emphasized the role of welcoming “immigrants and innovators from across the globe” to California’s economic success. California Senator Kevin de León called the President’s visit a “political stunt.”
Court filings made public yesterday in the putative class-action gender discrimination suit against Microsoft revealed that women working in U.S.-based technical jobs at Microsoft filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016. It is not clear how this number compares to that of Microsoft’s competitors, but out of the 118 gender discrimination complaints filed, only one was deemed “founded” by Microsoft. The filings were not sealed, despite Microsoft’s argument that the information be kept secret so as not to deter future reporting.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.
September 8
DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.
September 7
Another weak jobs report, the Trump Administration's refusal to arbitrate with federal workers, and a district court judge's order on the constitutionality of the Laken-Riley Act.
September 5
Pro-labor legislation in New Jersey; class action lawsuit by TN workers proceeds; a report about wage theft in D.C.