Holt McKeithan is a student at Harvard Law School.
In today’s News and Commentary, Waffle House workers allege rampant wage theft, employers of seasonal migrant workers in Colorado systematically violate labor laws without consequence, and striking journalists at Law360 win a contract.
Waffle House workers, along with the Union of Southern Service Workers, accused the restaurant of a massive scheme of wage theft in a complaint with the United States Department of Labor. A survey by the Strategic Organizing Center found that 90% of Waffle House workers claimed to have had wages stolen by the chain in the past year. The DOL complaint alleged that Waffle House violated the Fair Labor Standards Act by requiring tipped workers to perform untipped labor, often up to three hours per shift.
Nearly one in ten Colorado employers relying on seasonal migrant workers have stolen wages or illegally charged their workers, according to an investigation by the Denver Post. Common violations include failing to reimburse workers for visa applications or transportations, illegally deducting fees for Medicare and Social Security, and failure to pay for housing and work supplies. Immigrant and Latino workers are the most likely to suffer wage theft. This rampant abuse occurs despite, or perhaps because of, the fact that Colorado farmers overwhelmingly rely on H-2A visa workers. Though the Denver Post’s investigation revealed systematic violations, the state and federal governments rarely bar the companies from hiring H-2A visa workers.
Journalists at Law360 reached a deal with their employer following a week-long ULP strike. The five-year contract guarantees an average wage increase of 12%, increases family leave, and ensures job protections surrounding AI.
Daily News & Commentary
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December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]