John Fry is a student at Harvard Law School.
In today’s news and commentary, Condé Nast workers reach a deal; Congress considers narrowing forced arbitration; and Starbucks withholds information during bargaining.
Condé Nast workers struck a last-minute deal after threatening to disrupt yesterday’s Met Gala. The union has been seeking a contract for over a year and a half and has vocally opposed the proposed layoff of 5% of Condé Nast employees. The tentative agreement includes terms governing those layoffs as well as increased parental leave and salary. While a picket line at the Met Gala would likely have irked Vogue, whose executive Anna Wintour organizes the event, A-list celebrities have shown a willingness to cross picket lines before: in 2022, Jay-Z, Beyoncé, and other stars attended an Oscars afterparty at the Chateau Marmont despite the pleas of striking workers there.
Congress will soon consider narrowing the scope of forced arbitration agreements to allow more age discrimination claims to be heard in court. While the Federal Arbitration Act (and the generous interpretation the Supreme Court has given it) ensures that most arbitration clauses imposed by employers are enforceable, the #MeToo movement did lead to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in 2022, which made it easier to sue over work-related sexual misconduct. The new proposed bill, which has both Democratic and Republican sponsors, would similarly exempt certain age discrimination claims from mandatory arbitration. Meanwhile, Senator Cory Booker has proposed a ban on the forced arbitration of racial discrimination claims.
Starbucks illegally refused to bargain over the effects of its decision to temporarily close a unionized store, according to an NLRB decision last week. When Starbucks Workers United asked for data regarding scheduling and past store closures, the company took nearly 12 weeks to respond. Last week’s decision reflects an ongoing tension: the relationship between Starbucks and SWU has become somewhat less acrimonious this year, and as Esther covered, the parties resumed bargaining last month. But at the time this détente began, there were still roughly 700 ULP charges pending against Starbucks. The parties’ rapprochement could lead to the settlement of some cases, but this decision shows that it could still take a long time to process the backlog.
Daily News & Commentary
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September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.
September 9
Wynn Las Vegas employees allege anti-union retaliation; Amazon faces a class action over pregnancy accommodations; H-1B demand plunges following a six-figure visa fee.
September 8
In today’s News and Commentary, workers and unions across America celebrate Labor Day, California’s SEIU Local 1000 prepares for a strike authorization vote, and New York City creates the Office of Worker Power. On Monday, labor unions and workers gathered in cities across the United States in celebration of Labor Day. Parades and rallies took […]
September 7
Eighth Circuit finds DOL order violates Seventh Amendment; 1,300 workers at Encore Boston Harbor go on strike.
September 6
Encore casino workers strike; President Trump commutes sentence of former Philadelphia IBEW leader; Durham labor activist ends his hunger strike against Amazon.