Edward Nasser is a student at Harvard Law School.
Yesterday in Whole Foods Market, Inc. v. N.L.R.B., the Second Circuit upheld an NLRB ruling that an employer’s blanket policy prohibiting recordings in the workplace violated its employees’ rights to engage in protected concerted activities. The Second Circuit agreed with the Board majority that there was enough from previous NLRB cases to support that workers’ rights could be vindicated with recordings and that the broad rules could hinder their ability to gather evidence.
President Donald Trump has yet to nominate anyone for the two vacant seats on the National Labor Relations Board, though he did elevate the lone Republican, Philip Miscimarra, to Chairman. That position allows Mr. Miscimarra to slow the issuance of agency decisions, resulting in 40% fewer cases decided by the Board in the first half of this year as compared to 2016, reports the Wall Street Journal. Bloomberg has a list of the final candidates under consideration, all of which are expected to be much friendlier to employer interests than those nominated under President Obama.
Former Attorney General Eric Holder’s firm released its report and recommendations to Uber following allegations of widespread sexual harassment and a toxic culture. Business Insider and the New York Times offer good summaries of the report. CEO Travis Kalanick announced he would take a leave of absence following the report, an extraordinarily rare move for a sitting CEO.
Human Rights Watch announced today that workers building venues in Russia for the country to host the 2018 World Cup have been exploited and abused. The New York Times has a good summary of the report. FIFA, the organization that chooses host sites and oversees the World Cup, has repeatedly come under fire for ignoring such exploitation in connection with the tournament.
Daily News & Commentary
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March 25
UPS rescinded its driver buyout program; California court dismissed a whistleblower retaliation suit against Meta; EEOC announced $15 million settlement to resolve vaccine-related religious discrimination case.
March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.