Linh is a student at Harvard Law School.
For the first time, Amazon is facing a National Labor Relations Board complaint for allegedly refusing to bargain with the Amazon Labor Union (ALU), who represents its workers at the Staten Island warehouse. The ALU became the workers’ representative after a vote in April 2022, which made the location the first Amazon warehouse to have unionized. The certification of the union as the exclusive bargaining representative was an uphill battle––there were months-long legal battles with Amazon where the company accused ALU of illegally pressuring workers to vote for the union.
On Wednesday, the Wage and Hour Division of the U.S. Department of Labor sent the White House a proposal to expand overtime protections to more workers. Currently, salaried workers who make more than a certain amount of money per year and work in a “bona fide executive, administrative, or professional capacity” are exempt from the one-and-a-half overtime pay requirements under the Fair Labor Standards Act. The new proposal purportedly raises the salary threshold piece of the test, which would expand overtime protections to more workers. More details of the proposal will be available once it is cleared by the White House to be published in the Federal Register.
Also on Wednesday, Democratic Gwynne Willcox was nominated to continue another five-year term on the National Labor Relations Board. The Senate Health, Education, Labor and Pensions Committee approved the nomination in a 12-9 vote, with one sole Republican vote in support of Wilcox. If Willcox remains on the Board, Democrats will continue to control the five-member NLRB with a 3-1 majority.
Daily News & Commentary
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March 5
Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law; Arizona proposes constitutional amendment to ban teachers unions’ use public resources; NLRB unlikely to use rulemaking to overturn precedent.
March 4
The NLRB and Ex-Cell-O; top aides to Labor Secretary resign; attacks on the Federal Mediation and Conciliation Service
March 3
Texas dismantles contracting program for minorities; NextEra settles ERISA lawsuit; Chipotle beats an age discrimination suit.
March 2
Block lays off over 4,000 workers; H-1B fee data is revealed.
March 1
The NLRB officially rescinds the Biden-era standard for determining joint-employer status; the DOL proposes a rule that would rescind the Biden-era standard for determining independent contractor status; and Walmart pays $100 million for deceiving delivery drivers regarding wages and tips.
February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”