Luke Hinrichs is a student at Harvard Law School.
In today’s news and commentary, Labor Department enters agreement with Perdue Farms and staffing agency to address child labor violations, Mozilla pays $300,000 to settle NLRB case brought against company for refusing to hire software engineer because of her prior labor activism, and Jefferson resident physicians in Philadelphia vote to unionize.
The U.S. Department of Labor has entered into an agreement with Perdue Farms Inc. and secured a separate agreement with temporary staffing agency Staff Management Solutions LLC and SMX LLC to address child labor violations found at Perdue’s poultry processing facilities. As is common in the meat processing industry, Perdue contracted with the staffing agency to provide workers for their facilities. The DOL found that the companies jointly employed children in hazardous occupations, having minors debone and process chicken using dangerous equipment. Under the agreement, Perdue Farms will pay $4 million in restitution to the children and organizations that work to prevent child labor exploitation, pay $150,000 in civil monetary penalties, and implement child labor law compliance measures. The staffing agency also agreed to implement enhanced compliance measures, and it will pay $125,000 in civil money penalties and be permanently enjoined from future FLSA child labor violations in meat processing and packing industries.
Mozilla Corp. has agreed to pay $300,000 to Cher Scarlett to resolve a NLRB complaint alleging the company refused to hire Scarlett, a former Apple Inc. software engineer, because of her prior labor activism organizing Apple employees. According to the complaint, the company denied Scarlett a job because of social media posts and communications with workers seeking to mobilize Apple employees and encouraging unionization efforts. Under the settlement, Mozilla does not admit any wrongdoing and is not compelled to hire Scarlett. However, the company must post a notice informing employees of their labor and employment rights, notifying the employees that Mozilla is compensating Scarlett for wages and benefits she lost because of their refusal to hire her, and promising not to illegally retaliate.
Resident physicians and fellows at Thomas Jefferson University Hospitals in the Philadelphia area have voted 552 to 73 to unionize with the Committee of Interns and Residents (CIR), Service Employees International Union (SEIU). The vote joins a wave of unionization efforts among house staffs at Philadelphia hospitals and care facilities. The house staffs at Einstein and Temple voted to unionize last week, and medical residents at four hospitals initiated unionization efforts last November. With the unionization of residents at Jefferson Hospitals, CIR now represents 81% resident physicians in the Philadelphia area.
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August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.
August 5
Clash over potential change to Canada’s labor code; Harvard’s Center for Labor and a Just Economy releases model sectoral bargaining laws; NJ sues Amazon for antitrust violations.