John Fry is a student at Harvard Law School.
In today’s news and commentary, Biden urges an auto deal; Starbucks’ civility rule is struck down; Hollywood studios make a new proposal to writers; and the invalidation of a Puerto Rican employment law is affirmed.
President Biden issued a statement yesterday urging the United Auto Workers and the nation’s “big three” carmakers to reach a deal before the union’s contracts expire on September 14th. Biden credited UAW with helping to “create the American middle class” and stressed the importance of a fair transition from gasoline-powered to electric vehicles. UAW seeks to end a system of tiered wages for different workers and has proposed a set of other wage and benefit increases. Automakers claim their finances are constrained by recent investments in battery plants and other electric technology. Many major unions have endorsed Biden for the 2024 Presidential election, but UAW has not. The lack of an endorsement is widely seen as related to the President’s focus on electric vehicles.
Starbucks’ civility rule for employees has been struck down by a judge applying the National Labor Relations Board’s new Stericycle standard, which Elyse covered earlier this month. The ruling is an early example of how the Board may invalidate broad workplace rules with the potential to chill workers’ exercise of labor rights. The Starbucks rule banned “vulgar or profane language” and required workers to communicate “in a professional and respectful manner at all times.” In his decision, Administrative Law Judge Michael Rosas described the rule as vague and overbroad. Rosas found that Starbucks used the rule to illegally deter organizing by disciplining workers for their private conversations and social media messages.
More details have emerged about a new proposal that Hollywood studios have made to the Writers Guild of America, which Swap covered on Sunday. The proposal includes more transparency regarding streaming viewership, more details limiting the use of artificial intelligence, and more latitude for showrunners to control staffing levels. Both sides have resumed negotiations as the writers’ strike extends into its fourth month.
The First Circuit has upheld the invalidation of Puerto Rico’s 2022 employment law reform. Law 41-2022 guaranteed employees more vacation time, paid leave, and other benefits. It was struck down on the grounds that Puerto Rico’s governor failed to provide a formal estimate of the law’s impact on Puerto Rico’s compliance with a fiscal plan imposed by the Financial Oversight and Management Board for Puerto Rico, an entity created by Congress in 2016.
Daily News & Commentary
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September 17
A union argues the NLRB's quorum rule is unconstitutional; the California Building Trades back a state housing law; and Missouri proposes raising the bar for citizen ballot initiatives
September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.