A taskforce charged with proposing reforms to combat workplace misconduct has chosen to leave open an important escape hatch for judges accused of sexual harassment or other misconduct: the opportunity to end an investigation by retiring. As a result, judges are able to prevent a potentially embarrassing inquiry and immunize themselves from the loss of their substantial pensions, which entitles them to receive their annual salary until their death. The refusal to close this loophole comes as current and former law clerks have pointed out the uniquely profound imbalances of power in judge-clerk employment relationships that can allow impropriety to fester.
The labor dispute between Hollywood TV writers and their agents escalated yesterday when the Writers Guild of America filed suit against the four main talent agencies. The suit, filed in California state court, alleges that the agents have violated their legal obligation to serve the best interests of the writers because of the agencies’ failure to end conflicts of interest. Namely, Hollywood studios pay talent agencies a fee for “packaging” clients from the agencies’ stable: perhaps a writer, director, and an actor. The writers allege that this encourages agencies to package them even when it is not in the individual writer’s best interest.
The enormous Stop & Shop strike appears headed to its second week, and pressure on the grocer appears to be mounting, as several presidential candidates have visited picket lines or plan to do so. 31,000 workers have stopped showing up to their jobs, making this the largest U.S. private-sector strike in years.
A union representation vote at Volkswagen’s Chattanooga, Tennessee plant will remain in limbo another week, as the NLRB has put off its decision about whether a vote for UAW representation at the plant should be held. The parties dispute whether all procedural requirements for the vote have been met, but worker’s are anxious to hold the vote. The election will hold symbolic importance for the UAW, which has failed to gain significant traction in Southern auto plants.
Daily News & Commentary
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January 19
Department of Education pauses wage garnishment; Valero Energy announces layoffs; Labor Department wins back wages for healthcare workers.
January 18
Met Museum workers unionize; a new report reveals a $0.76 average tip for gig workers in NYC; and U.S. workers receive the smallest share of capital since 1947.
January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.