Morgan Sperry is a student at Harvard Law School and also serves as OnLabor's Social Media Director.
In today’s news and commentary, the Biden Administration prepares to defend a rule that extends organizing rights to farmworkers on temporary visas, and a majority of college athletes want to unionize.
The Biden Administration is gearing up for litigation over Department of Labor regulations that intend to expand organizing protections for farmworkers on temporary visas. Having been (and remaining) excluded from the NLRA, farmworkers lack the organizing protections that other employees enjoy. The Department of Labor’s proposed rule would add new protections for worker self-advocacy, better protect workers against retaliation, make foreign labor recruitment more transparent, and enhance the department’s enforcement. The Chamber of Commerce and allied critics have submitted public comments—available on Regulations.gov—questioning whether certain components of the proposed rule are permissible under existing court precedent.
A new poll indicates that a majority of college athletes want to unionize. While the NCAA dropped its prohibition on permitting college athletes to profit off of their names and likenesses in 2021, the National Labor Relations Board has not weighed in on the issue of whether athletes can form labor unions since 2015, when it declined to assert jurisdiction to answer the question of whether Northwestern University football players who received grant-in-aid scholarships were employees within the meaning of the NLRA. Earlier this year, the Dartmouth men’s basketball team petitioned the NLRB for a union election, giving the Board another opportunity to decide the question. Meanwhile, athletes in the ACC, Big Ten, Big 12, PAC-12, and SEC all support unionizing.
Daily News & Commentary
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November 12
Harvard graduate students go on strike; New York city mayor prepares to negotiate with the city's largest public union; the Trump administration proposes stringent rules for workers seeking benefits.
November 11
MIT grad union avoids strike, Colombian union clashes with Nestlé, and DOL proposes stricter UI requirements.
November 10
The White House nominates new EEOC and FTC commissioners; casino workers at Encore Boston Harbor ratify a new contract ending a two-month strike.
November 9
Democratic gains in Congress likely spell the end of the Protect College Sports Act; IBEW endorses the Bipartisan American Affordability and Jobs Act.
November 8
Democratic midterm victories at the federal and state level create legislative opportunities for workers and unions.
November 6
Transport Workers Union denounces Amtrak’s new policy permitting passengers to carry guns onboard; Texas Democrat wins offer hope for labor in the state.