Everest Fang is a student at Harvard Law School.
In today’s news and commentary: the Second Circuit tosses order requiring Amazon to refrain from firing union supporters, delivery drivers file arbitration claims against Amazon, and OSHA’s proposed heat standard is under review at OIRA.
Today, the Second Circuit tossed out a judge’s order that required Amazon to refrain from firing union supporters amid a nationwide organizing campaign at its warehouses. The Court held that the District Court which granted the order abused its discretion by failing to sufficiently explain why such a sweeping mandate was necessary. The NLRB sought the order in 2020 after Amazon fired Gerald Bryson, a union organizer at a warehouse in Staten Island, for making profane comments to a coworker during a protest over an alleged lack of COVID-19 safety measures. The District Court ruled that Bryson’s firing violated his rights under U.S. labor law and barred Amazon from terminating other union supporters. However, the District Court declined to order Amazon to reinstate Bryson, saying there was no evidence that his firing deterred other workers from unionizing.
Yesterday, thousands of delivery drivers filed arbitration claims against Amazon alleging that the company’s classification of them as independent contractors instead of employees has led to unpaid wages and other financial losses. The arbitration claims were made by drivers in California, Illinois and Massachusetts, all of which have rules that limit the amount of control companies can exert over independent contractors. The claims, collected over a span of four years, maintain that the drivers should be classified as Amazon employees instead of independent contractors, based on current laws in the three states. According to the drivers’ attorneys, the change in classification would allow the drivers to collect unpaid wages because Amazon currently only pays them for a pre-determined number of hours regardless of how long it takes to complete deliveries.
OSHA’s proposed rule to protect indoor and outdoor workers from heat stress is now under review at OIRA. The agency has been working on a national heat stress standard since 2021 amid rising global temperatures. The text of the proposal is not yet public, but OSHA has previously said that protection mandates could kick in any time the heat index reaches 80 degrees Fahrenheit. OIRA doesn’t have a deadline to complete its review.
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June 28
Gig driver classification deal reached in Massachusetts; Amazon drivers in Illinois strike over ULP; CEO pay accelerates.
June 27
The economy and immigration expected to play a central role in the upcoming presidential debate and Washington gets involved in AI regulation of the entertainment industry.
June 26
California judge fines companies for child labor violations; IATSE reaches tentative deal with studios; Texas judge likely to block Biden Administration's overtime rule
June 25
Supreme Court grants petition to hear a case on the scope of ADA standing; Texas federal district court blocks DOL rule expanding wage requirements for construction contractors, and South Korean Hyundai workers authorize strike.
June 24
Workers across the country face extreme heat exposure with minimal government protections; Utility Workers Union of America Local 1-2 reaches a tentative agreement with Con Edison narrowly avoiding a strike; the Tenth Circuit grants a continuation of a freeze on a wage increase for some federal contractors
June 23
Teamsters president will speak at RNC; Supreme Court weighs in on overtime exemptions; Honda faces ULP allegations.