Otto Barenberg is a student at Harvard Law School and the Digital Director of OnLabor.
In today’s news and commentary, Washington moves closer to banning captive audience meetings and Subway employees strike over workplace violence.
On Thursday, Washington legislators passed a bill (SB 5778) banning captive audience meetings. Governor Jay Inslee (D) has voiced his support for the measure, which, if signed into law, would make Washington the sixth state with a captive audience ban after Oregon, Connecticut, Maine, Minnesota, and New York. At the federal level, although National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo contends captive audience meetings are inherently coercive and violate national labor law, the Board has not yet issued a ruling on the issue.
Worker advocates and unions celebrated the Washington bill’s passage, saying that a ban on mandatory anti-union meetings would deprive companies of a powerful weapon in their union-busting arsenals. Rick Hicks, Teamsters Western Region International Vice President and President of Teamsters Joint Council 28, commented: “Unions are fundamentally about economic democracy, which is why we need to make the process of organizing as democratic as possible by putting an end to this autocratic practice.” However, business groups have brought litigation challenging bans on captive audience meetings in Minnesota and Connecticut, arguing that they constitute “viewpoint-based discrimination” and are preempted by the National Labor Relations Act. Supporters counter that the bans leave employers free to express their views on unions and prohibit only a requirement that workers listen as a condition of their employment.
On Friday, employees at a Subway in western Los Angeles launched a three-day strike in response to a wave of violence at their sandwich shop. Workers described harrowing interactions with customers, including one man who yelled expletives at employees while brandishing a machete. “The feeling that we were alone and that our management would not help us was disheartening,” Subway employee Sabina Gutierrez told the Los Angeles Daily News. She and other Subway employees are demanding the company provide de-escalation trainings, health care for workers subjected to workplace violence, and heightened security. Workers are also pushing Los Angeles to enact a Fast Food Fair Work ordinance requiring “know your rights” trainings, as well as paid time off and fair scheduling practices. The strike marks an early test for the California Fast Food Workers Union (CFFWU), the new Service Employees International Union (SEIU)-backed representative of the western Los Angeles Subway workers. In a novel approach, CFFWU aims to compel fast food companies to engage in sectoral bargaining by expanding its membership across California’s fast-food industry, without seeking NLRB certification at the establishment level.
Daily News & Commentary
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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.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]