Jacqueline Rayfield is a student at Harvard Law School.
In today’s News and Commentary, a federal judge in Texas limits Covid-Era remote Congressional voting, Starbucks agreed to start talks about a collective-bargaining agreement, and a majority of Mercedes manufacturing plant workers in Tuscaloosa, Alabama sign UAW cards.
Judge James Hendrix from the Northern District of Texas ruled that the Pregnant Workers Fairness Act could not be enforced against Texas. The act would require employers in Texas to provide reasonable accommodations for pregnant workers, like they do for disabled workers. The EEOC had proposed rules for implementing this act which included abortion as a pregnancy-related condition requiring accommodation. Hendrix’s ruling rests on a challenge under the quorum clause, claiming that the law is invalid since it was passed through proxy voting, with 201 members physically present. He emphasizes that this ruling should not be applied broadly beyond this legislation.
Starbucks backtracked on its union-busting tactics in discussions last week. Both the company and the Starbucks Workers United issued statements yesterday promising a path forward for collective bargaining at Starbucks. About 400 Starbucks locations have so far voted to join the union since December 2021, but none of the locations have secured a contract, instead facing an impasse with Starbucks management.
The UAW has seen a growth in interest at auto plants in the South following its historic strike against Ford, General Motors, and Stellantis. While these. Plants have historically been difficult for the UAW to reach, a majority card signing at one Tuscaloosa Mercedes plant marks a positive first step.
Daily News & Commentary
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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 […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]