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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February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.
February 19
Union membership increases slightly; Washington farmworker bill fails to make it out of committee; and unions in Argentina are on strike protesting President Milei’s labor reform bill.