Sarah Leadem is a joint degree candidate at Harvard Law School and the Harvard Kennedy School of Government.
In today’s News and Commentary, the Department of Homeland Security announced an enhanced deferred action process for noncitizen workers subject to labor abuse; Microsoft announced 10,000 layoffs, adding to growing tech layoffs; and Apple will audit its U.S. labor practices.
The Department of Homeland Security (DHS) has announced an enhanced process for undocumented workers to qualify for “deferred action” when they have been a victim of or witness to a labor rights violation. “Deferred action” refers to protection from deportation when a worker participates in a labor rights investigation or enforcement action. This “streamlined and expedited deferred action request process” includes new guidance for labor agencies and, most notably, a centralized intake system for deferred action requests for labor agencies conducting investigations or other enforcement activities. The expedited process is intended to encourage noncitizen workers to participate in labor right enforcement in light of widespread fear of employer retaliation based on immigration status. DHS will continue to evaluate deferred action requests on a discretionary, case-by-case basis.
Today, Microsoft announced plans to lay off 10,000 employees, adding to a wave of layoffs in the tech industry. This comes on the heels of several other major layoffs in tech companies in the last several months: In November, Meta (formerly Facebook) laid off 11,000 employees. Last week, Amazon announced its plan to cut 18,000 jobs.
Apple has agreed to audit its U.S. labor practices. This audit is the result of an agreement with a coalition of investors, including New York pension funds, following a shareholder proposal presented by the coalition last September. The company will contract a third party firm to assess its compliance with its own internal “human rights policy” particularly as it relates to employees’ right to unionize and collectively bargain. Apple announced its plans to conduct this “Workers’ Rights Assessment” in its filing with the Securities and Exchange Commission last week (See pages 14, 25, and 103).
Daily News & Commentary
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November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing