Mackenzie Bouverat is a student at Harvard Law School.
President Trump announced Saturday his intention to nominate federal appeals court Judge Amy Coney Barrett to the Supreme Court. Barrett likens her judicial philosophy to that of the late Antonin Scalia, a notorious labor antagonist. Indeed, the solidification of the conservative majority on the high court is expected to result in considerable losses for organized labor in this country. And her record as an appeals judge supports such a prediction: for example, Jacobin has delved into Barrett’s record on labor issues: the magazine reports that in In Wallace v. Grubhub Holdings, Inc., Barrett held that a group of delivery drivers who accused Grubhub of failing to pay overtime were required to pursue those claims in binding arbitration, rather than in Federal court. Asserting that the drivers were not a class of workers who typically engage in interstate commerce, Barrett concluded that they were not protected by an exemption for transportation workers under the Federal Arbitration Act. The New York Times notes that Barrett has also joined rulings dismissing a case in which the Equal Employment Opportunity Commission objected to a company practice which allegedly assigned workers to particular geographic locations based on race and ethnicity and which restrict the scope of laws prohibiting age discrimination.
The Little Rock Education Association has notified the Little Rock School District that teachers won’t report to work in classrooms Monday, according to a press release issued by the district this Sunday. The press release also insisted that in-person classes will continue: “As we have stated previously, we understand that our parents need our schools to be open and we are committed to doing everything we can to avoid disruption to the learning environment.” School officials have warned of potential disciplinary action for employees who do not report to work in-person.
Wal Mart has settled a companywide sex discrimination lawsuit filed filed by the Equal Employment Opportunity Commission for $20 million. At issue was Walmart’s requirement that applicants pass a physical agility test when applying to be an “order filler” at its grocery distribution centers. The EEOC alleged that, because the disproportionately excluded female applicants, it resulted in a disparate impact on women. To prevail in the lawsuit, Wal Mart would have had to demonstrate that the successful performance on this pre-employment test is necessary to satisfy the requirements of the specific job, and that there are not alternative non-discriminatory practices that could ensure adequate performance. Wal Mart has also agreed to eliminate the testing requirement.
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November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
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.