Linh is a student at Harvard Law School.
In the continued thread of Starbucks’ “dirty war” on the labor movement, the NLRB ruled yesterday that Starbucks had violated federal law when it fired a union activist due to her participation in protected activity. In its decision, the Board upheld an ALJ’s October 22 ruling against Starbucks for firing Hannah Whitbeck, a Michigan worker who initiated a union organizing effort at her store by contacting Workers United and participating in a labor board proceeding. To date, regional NLRB officials have issued hundreds of complaints alleging Starbucks of unfair labor practices.
The U.S. Equal Employment Opportunity Commission (EEOC) officially has a Democratic majority as of yesterday as Kalpana Kotagal was sworn in as commissioner. Kotagal, formerly an employment and civil rights attorney at Cohen Milstein Sellers & Toll in Washington D.C., was narrowly confirmed last month in a 49-47 Senate vote. Her addition to the Commission promises to break a partisan deadlock and allow Democrats to ramp up agency action.
Also on Wednesday, the EEOC settled a first-of-its-kind AI discrimination lawsuit against a tutoring company that allegedly programmed its recruitment software to reject older applicants. The joint notice of settlement, filed in the Eastern District of New York, stipulates that the company will pay $365,000 to the 200+ applicants rejected due to their age in the specified timeframe and be enjoined from using age or sex as a disqualifier. This is the first AI discrimination lawsuit the EEOC has ever brought.
Finally, in case you missed it on Tuesday, Vice President Kamala Harris announced a new rule to raise wage standards for unionized construction workers performing federally funded jobs. Under the new rule, employers are required to pay construction workers the equivalent of wages made by at least 30% of workers in a given trade and locality. This rule aims to restore an old definition of “prevailing wage” that was abolished by the Reagan administration.
Daily News & Commentary
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July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching
June 26
A district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers; workers organize for the reinstatement of two doctors who were put on administrative leave after union activity; and Lamont vetoes unemployment benefits for striking workers.
June 25
Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.