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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June 22
California lawmakers challenge Garmon preemption in the absence of an NLRB quorum and Utah organizers successfully secure a ballot referendum to overturn HB 267.
June 20
Three state bills challenge Garmon preemption; Wisconsin passes a bill establishing portable benefits for gig workers; and a sharp increase in workplace ICE raids contribute to a nationwide labor shortage.
June 19
Report finds retaliatory action by UAW President; Senators question Trump's EEOC pick; California considers new bill to address federal labor law failures.
June 18
Companies dispute NLRB regional directors' authority to make rulings while the Board lacks a quorum; the Department of Justice loses 4,500 employees to the Trump Administration's buyout offers; and a judge dismisses Columbia faculty's lawsuit over the institution's funding cuts.
June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.
June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.