Anita Alem is a student at Harvard Law School.
In today’s news and commentary, Biden’s labor aide resigns and is replaced with a former union official, states continue to pass restrictions against nondisclosure agreements, and Mitch McConnell says that Americans are not participating in the labor market because they feel “flush for the moment.”
Seth Harris, a deputy assistant to President Biden on labor, recently resigned from his position at the White House for a teaching post at Northeastern University. Celeste Drake, who was previously a senior trade official at the AFL-CIO and the “Made in the America” director for the White House Office of Management and Budget, will be replacing Harris.
The #MeToo movement shone a light on how nondisclosure agreements (NDAs) imposed following sexual harassment settlements silenced workers. Bloomberg reports that fifteen states have responded within the past several years by passing laws restricting employers from imposing NDAs following claims of workplace sexual harassment. For example, California’s law outright bans NDAs in sexual harassment and assault claims, whereas Maine’s law, which goes into effect in August, permits NDAs in any discrimination claims only if the employer can demonstrate express monetary consideration in exchange for the agreement. Washington’s law, which went into effect in June, has gone even further to forbid NDAs altogether in all workplace discrimination and wage and hour claims.
On Tuesday, Senate Minority Leader Mitch McConnell shared that he believes the labor shortage is a result of potential workers “sitting on the sidelines because, frankly, they’re flush for the moment” as a result of stimulus checks that went out more than one year ago as part of pandemic relief. Instead, McConnell said, “What we’ve got to hope is once they run out of money, they’ll start concluding it’s better to work than not to work.” However, the Washington Post reports that unemployment rates are at historic lows while the gas and consumer goods prices are at historic highs, placing immense pressure on workers.
Daily News & Commentary
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August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.