John Fry is a student at Harvard Law School.
In today’s news and commentary, Illinois warehouse quota bill vetoed; Minnesota residents organize; and circuit split on NLRB deference continues.
On Friday, Illinois governor JB Pritzker vetoed a bill that would have limited Amazon’s use of productivity quotas in its warehouses. New York, California, and three other states have passed laws regulating warehouse quotas, following widespread reports of injuries and high employee turnover in Amazon’s logistics supply chain. The company has tried to evade the state laws by claiming that it does not technically use quotas, which state regulators have contested. In December, the Senate HELP Committee published a report linking Amazon’s demanding quotas to unsafe working conditions. The vetoed Illinois bill would have required Amazon to share any quotas in writing with workers and document any discipline or firings related to quota shortfalls.
Medical residents at the University of Minnesota are seeking to unionize with SEIU’s Committee of Interns and Residents, submitting authorization cards from a majority of the proposed bargaining unit on Monday. As a recent Jacobin article highlighted, SEIU has organized nearly 20,000 residents in the past 5 years. By comparison, Starbucks Workers United, which has garnered far more media attention, represents roughly 11,000 baristas. Because the University of Minnesota is a public institution, Minnesota law will allow the residents to join the union if the state’s labor agency can verify that a majority of them have signed valid authorization cards, a process much quicker than election procedures under the National Labor Relations Act.
On Monday, the Supreme Court denied certiorari to a case which presents the question of whether Loper Bright, which ended Chevron deference to federal agencies’ interpretations of federal statutes, requires courts to afford less deference to the NLRB. As Darin has detailed in a four-part article series, judicial deference to the NLRB’s construction of the NLRA predates Chevron, and the NLRA itself requires deference to the Board’s findings of fact. Monday’s denial of certiorari may allow a circuit split to deepen: the Sixth Circuit has suggested that Loper Bright requires an end to NLRB deference on questions of law, while the Ninth Circuit has continued to defer.
Daily News & Commentary
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January 19
Department of Education pauses wage garnishment; Valero Energy announces layoffs; Labor Department wins back wages for healthcare workers.
January 18
Met Museum workers unionize; a new report reveals a $0.76 average tip for gig workers in NYC; and U.S. workers receive the smallest share of capital since 1947.
January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.