Linh is a student at Harvard Law School.
On Wednesday, the National Labor Relations Board unanimously struck down a settlement between Starbucks and Starbucks Workers United, a union representing its workers in Biddeford, Maine. The settlement stems from original allegations that Starbucks managers were enforcing workplace policies more strictly for union supporters, resulting in disciplinary action against organizers. Concluding that the ALJ had erred in granting the settlement, the Board ruled that the judge had not given proper consideration to the union’s concerns and did not adequately address the alleged unlawful activity.
Several app-based companies, including Lyft, Uber and Doordash, are proposing to lawmakers a federal system that would give independent contractors access to workplace benefits currently unavailable to this class of workers. The proposal was released by Flex, the industry group representing leading app-based rideshare and delivery platforms, on Wednesday. The proposal marks the first time these companies have agreed on a national approach to provide their independent contractors with benefits that have traditionally been denied to workers not classified as employees, such as health benefits, retirement savings, and paid leave.
Texas just passed an unprecedented new law that will prohibit local governments from making local rules that are stronger than the state’s in broad policy areas, including labor, finance, and occupations. The impact of this preemption law will be broad, as private entities will be emboldened to challenge a variety of city laws they don’t like, such as local tenant and worker protection laws. The law, which will take effect on September 1, is the latest effort in a years-long Republican effort to limit the power of Texas’s more progressive metropolitan areas like Dallas, Austin, and Houston.
Daily News & Commentary
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October 12
The Trump Administration fires thousands of federal workers; AFGE files a supplemental motion to pause the Administration’s mass firings; Democratic legislators harden their resolve during the government shutdown.
October 10
California bans algorithmic price-fixing; New York City Council passes pay transparency bills; and FEMA questions staff who signed a whistleblowing letter.
October 9
Equity and the Broadway League resume talks amid a looming strike; federal judge lets alcoholism ADA suit proceed; Philadelphia agrees to pay $40,000 to resolve a First Amendment retaliation case.
October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.