Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case. As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of interest and should have recused himself. The motion argues, among other things, that the Inspector General Report concluding that Member Emanuel should have recused himself lacked support.
President Trump will be in California today to view border wall prototypes in San Diego. California politicians have voiced tepid (at best) responses to the trip. Governor Jerry Brown, in an open letter published yesterday, said that California is focused “on bridges, not walls,” and emphasized the role of welcoming “immigrants and innovators from across the globe” to California’s economic success. California Senator Kevin de León called the President’s visit a “political stunt.”
Court filings made public yesterday in the putative class-action gender discrimination suit against Microsoft revealed that women working in U.S.-based technical jobs at Microsoft filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016. It is not clear how this number compares to that of Microsoft’s competitors, but out of the 118 gender discrimination complaints filed, only one was deemed “founded” by Microsoft. The filings were not sealed, despite Microsoft’s argument that the information be kept secret so as not to deter future reporting.
Daily News & Commentary
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December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]