Anita Alem is a student at Harvard Law School.
In today’s News and Commentary, California and Nevada advance bills to remove involuntary servitude exceptions from their state constitutions, Howard Schultz declines invitation to testify before the Senate, the Third Circuit hears oral argument as to whether college athletes are employees under the FLSA, and German airport workers plan massive strikes.
California and Nevada are among dozens of states with movements to remove exceptions from state constitutions that permit forced labor as part of criminal punishment, a form of involuntary servitude. Incarcerated people are paid less than $1 per hour to work in prisons, including work that may be dangerous, such as cleaning and disinfecting a person’s cell following COVID infection, and fighting forest fires. Legislation has advanced in California and Nevada, and each would require further approval from voters in 2024.
Starbucks CEO Howard Schultz has refused an invitation to testify in front of Congress regarding ongoing unionization efforts by Starbucks Workers United. Senator Bernie Sanders, who chairs the Senate Health, Education, Labor and Pensions (HELP) Committee, and ten other senators on the committee had asked Schultz to speak to Starbucks’ union-busting efforts in a public hearing on March 9. Workers have successfully voted to unionize at more than 250 Starbucks locations, and the NLRB regional offices have issued more than 70 complaints against Starbucks for engaging in illegal practices against workers’ organizing efforts.
On Wednesday, the Third Circuit heard oral argument in a case brought against the NCAA alleging that college athletes are employees under the Fair Labor Standards Act. According to Bloomberg, the panel appeared skeptical of the NCAA’s arguments that the athletes are not employees, considering the level of control that schools exert over them.
Finally, the German trade union Verdi has stated that workers at seven different airports in Germany plan to engage in a 24-hour strike on Friday, February 17. The strike has been predicted to have significant impact, particularly because it coincides with a security conference that will feature global leaders.
Daily News & Commentary
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January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions
January 9
TPS cancellation litigation updates; NFL appeals Second Circuit decision to SCOTUS; EEOC wins retaliation claim; Mamdani taps seasoned worker advocates to join him.
January 8
Pittsburg Post-Gazette announces closure in response to labor dispute, Texas AFT sues the state on First Amendment grounds, Baltimore approves its first project labor agreement, and the Board formally regains a quorum.