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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October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.