Linh is a student at Harvard Law School.
Over 75,000 Kaiser Permanente workers began the largest healthcare strike in U.S. history on Wednesday morning at 6am E.T., starting in Virginia, Maryland, and Washington D.C. Workers in Colorado, California, Oregon, and Washington soon followed. This is the largest U.S. health care strike to date, threatening to interrupt one of the nation’s largest health-care providers and adding to a months-long series of labor disruptions across the national economy. The strike is a culmination of tension between health-care companies and their workers since the start of the COVID-19 pandemic, when––as the Coalition of Kaiser Permanente unions claim––Kaiser created an understaffed, burned-out workforce incapable of looking after patients. Negotiations continue to be under way, but federal law requires that healthcare union members return to the job even if no deal is reached by Oct. 7.
On Wednesday, Trader Joe’s United filed an unfair labor practice charge against Trader Joe’s and its law firm, O’Melveny & Myers LLP, alleging that the company had lodged a “frivolous” trademark lawsuit against the union in July as retaliation for protected activity. In that July lawsuit, Trader Joe’s accused the Union of using the company logo on merchandise in violation of trademark laws. Besides the ULP charge, Trader Joe’s United also sent a letter to an O’Melveny & Myers partner, labeling the copyright suit a “calculated nefarious legal scheme” to “punish essential workers who are exercising their legally-protected right to form a union.”
A U.S. citizen denied a job at Meta Platforms Inc. sued the company for citizenship discrimination, alleging that it favors foreign workers on H1B visas over U.S. citizens. On Wednesday, a Ninth Circuit panel heard arguments in this case, testing the limits of Section 1981 of the 1866 Civil Rights Act. Before getting to the Ninth Circuit, the case was dismissed for lack of standing, as the magistrate judge found that such reverse discrimination claims weren’t covered by the statute.
Daily News & Commentary
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]