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.