News & Commentary

October 2, 2024

Everest Fang

Everest Fang is a student at Harvard Law School.

In today’s news and commentary: the White House backs port workers strike, the NLRB accuses Apple of unlawful workplace rules, and the U.S. Department of Labor announces collaboration with New Jersey Department of Labor to combat child labor.

President Joe Biden has urged U.S. port employers to improve their offers to striking dockworkers, lending high-profile support to the strike. As Sunah wrote yesterday, about 45,000 port workers represented by the International Longshoremen’s Association (ILA) walked off the job yesterday at 36 ports along the east and Gulf coasts. Hours after the strike began, the White House issued a statement calling on the United States Maritimes Alliance (USMX) to negotiate a “fair” contract that reflects “the substantial contribution” of ports workers to America’s economy. “Foreign ocean carriers have made record profits since the pandemic, when longshoremen put themselves at risk to keep ports open,” President Biden added. In accord with his statements, the President has expressed no plans to use his powers under the Taft-Hartley Act to end the strike.

On Monday, the NLRB issued a complaint accusing Apple of maintaining several unlawful workplace rules that violate employees’ rights to organize and advocate for better working conditions. The Board claims that Apple required employees to sign illegal confidentiality, non-disclosure, and non-compete agreements, and imposed overly broad misconduct and social media policies. Issuing a statement in response, Apple said it has always respected its employees’ rights to discuss wages, hours and working conditions, which is reflected in its employment policies. If the company does not settle the case, it will be heard by an administrative law judge in January. The NLRB seeks to require Apple to rescind the contested rules and notify its entire U.S. workforce of their legal rights.

Yesterday, the U.S. Department of Labor and the New Jersey Department of Labor and Workforce Development (NJDOL) announced a joint strategic enforcement initiative to combat violations of federal and state child labor laws. The initiative will focus on industries with a history of non-compliance with existing laws and where vulnerable workers are less likely to file complaints with federal and state agencies. This cooperation builds on NJDOL’s existing efforts to combat non-compliance with labor laws. In November 2022, the agency announced a strategic enforcement strategy focused on two industries: commercial laundromats and multi-unit residential construction. The collaboration with federal authorities is intended to augment those efforts. Since 2019, the U.S. Department of Labor has seen an 88 percent nationwide increase in children employed illegally.

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