Luke Hinrichs is a student at Harvard Law School.
In today’s news and commentaries, voters across the country approve ballot measures to raise minimum wage and require employers to provide paid sick time; Uber and Lyft drivers in Massachusetts win the right to unionize; and NLRB judge rules that Amazon violated labor laws during unionization efforts at its warehouse in Alabama.
On Election Day, voters in various states across the country had the opportunity to vote on stat ballot measures to raise minimum wages and require employers to provide paid sick time. In Alaska, by a large margin, voters approved the initiative to gradually rise the minimum wage to $15 per hour by July 1, 2027, up from $11.73 currently. Alaska voters also approved of a measure to require employers to give workers one hour of sick leave for every 30 hours worked, capping the available leave at 40 hours for small companies and 56 for larger companies. The ballot measure notably includes a ban on captive audience meetings, prohibiting employers from requiring their employees to listen to the employer’s religious or political views, including their opinions on labor unions.
In Missouri, voters approved the measure to increase the minimum wage, gradually raising it to $15 an hour by January 1, 2026, up from $12.30 currently. Starting in 2027, the minimum wage will be adjusted to inflation. Missourians also approved of a measure to require employers to give workers one hour of sick leave for every 30 hours worked, but it provides exceptions for small businesses.
Nebraska voters join the other states in approving a ballot measure that provides workers the right to earn paid sick leave. However, Nebraska’s measure does not specify the rate of accrual.
Voters in Massachusetts passed a statewide ballot initiative providing ride-hailing drivers of apps like Uber and Lyft the ability to for unions and collectively bargain while still being classified as independent contractors. Although the referendum was backed by unions, including Service Employees International Union (SEIU), some labor advocates raised their concerns that the initiative would also serve as a setback to the broader movement to reclassify the drivers as employees with the protection of the National Labor Relations Act. The passed ballot initiative established a process for drivers to raise complaints about unfair work practices before a state board. However, the measure does not explicitly provide strike protections and does not include protections for food-delivery drivers.
A National Labor Relations Board (NLRB) administrative judge has ordered that a new union election be conducted at an Amazon warehouse in Bessemer, Alabama, ruling that the company unlawfully removed union literature from facilities, falsely accused pro-union employees of harassment, and illegally threatened to shut down the facility if workers voted to unionize during a 2022 election. The results of the 2022 were never finalized since ballots were impounded after the union and company both filed legal challenges. That election was held after an NLRB official voided the results of an earlier election conducted in 2021 because the official found that Amazon had violated federal labor law.
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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.