In today’s News & Commentary, Workday will have to defend against claims of algorithmic hiring bias, the Department of Labor plans to require companies to report executive pay spent on anti-union activities, and the Bronx Public Defenders Union announces a ULP strike next week. 

Esther reported back in April that Workday, a company that produces human resources management software, is facing a lawsuit alleging bias in its algorithmic hiring decision-making tools. While Workday sought dismissal of the suit on the grounds that it is a technology company rather than an employment agency, Judge Rita Lin of the Northern District of California held on Friday that the company could still be liable as an agent of the companies which use it. Judge Lin also ruled that the plaintiff, Derek Mobley, had adequately alleged disparate impact bias by showing that he was rejected from over 100 positions by the Workday software. The lawsuit, Mobley v. Workday, now proceeds to the fact-finding stage. 

The Department of Labor has proposed a rule which would require companies to disclose manager and executive pay spent engaging in anti-union activity. This information would have to be reported on the company’s LM-10 form, which is required by the LMRDA and tracks employer spending on consultants and other activities intended to persuade employees in the (non)exercise of their collective bargaining rights or during a labor dispute. Now, the DOL is seeking “split-income reporting” on the LM-10, tracking “the pro rata share of the supervisor’s wages that were spent undertaking the reportable activity,” according to a summary from the Office of Labor Management Standards. 

The proposed rule is expected to face push-back from Republicans and employer groups. The recent Loper-Bright ruling from the Supreme Court overturning Chevron deference will likely add an additional hurdle to implementation. Even so, Bob Funk of LaborLab thinks the rule could fall squarely within the plain text of the statute. “Literally, section 203 of the LMRDA says the payments to any employees for the purposes of causing them to persuade other employees with respect to bargaining and representation rights must be disclosed,” Funk told Bloomberg Law. 

Following the expiry of the contract between the Bronx Public Defenders’ Office and their wall-to-wall union, UAW Local 2325, the union’s bargaining committee voted to authorize an unlimited unfair labor practice strike beginning next week. The union cites the employer’s failure to bargain in good faith as the inciting ULP that has led to this strike. Additionally, the union is pushing for more manageable caseloads, noneconomic benefits such as “free speech and sustainable working conditions”, and more competitive salaries and benefits, among other demands. The strike is currently set to begin on July 22nd.