Mackenzie Bouverat is a student at Harvard Law School.
Senate Republicans today blocked a bill, the Paycheck Fairness Act (H.R. 7), that imposes higher standards and larger penalties on companies over claims of pay discrimination based on sex. Specifically, would limit an employer’s defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims; enhance non-retaliation prohibitions; and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee’s wages. The bill also increases civil penalties for violations of equal pay provisions. The bill, which required 60 votes to pass the Senate, failed to advance on a 49-50 vote.
The NewsGuild of New York has filed an Unfair Labor Practice complaint against the New York Times, it announced in a press release today. The complaint alleges the Times’ management has participated in “union busting actions,” including telling employees “who work with interns have been told they cannot show public support for the union,” and forcing others to attend meetings in which supporters were interrogated and polled for their union support.
The U.S. District Court for the Northern District of California this Monday dismissed a pay stubs claim brought against UPS Inc., both on a class-wide basis and on behalf of the state of California. Santos, the named plaintiff, alleged that UPSA violated California law by failing to provide timely and uninterrupted meal and rest periods to nonexempt employees. She also alleged labor code violations under the Private Attorneys General Act, which permits aggrieved employees to seek civil penalties on the state’s behalf. Last November, the court declined certification of six of seven proposed sub-classes, including those for workers who alleged they weren’t paid for all hours worked and workers who alleged that they were not paid all wages due at separation. The certified class proceeded on the basis of inaccurate wage statements. The court ultimately found that UPS’s wage statements adequately disclosed whether a worker received a meal period premium, and the lump sum amount. Santos’ individual rest break claim will proceed, as the court found a genuine dispute as to whether Santos’ wages were deducted when her supervisor instructed her to change a 15-minute rest period to a 30-minute unpaid meal break on her time card. The case is Santos v. United Parcel serv. Inc. , 2021 BL 210412, N.D. Cal., No. 3:18-cv-03177, 6/7/21 .
The case is
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.
January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.
January 20
In today’s news and commentary, SEIU advocates for a wealth tax, the DOL gets a budget increase, and the NLRB struggles with its workforce. The SEIU United Healthcare Workers West is advancing a California ballot initiative to impose a one-time 5% tax on personal wealth above $1 billion, aiming to raise funds for the state’s […]