Morgan Sperry is a student at Harvard Law School and also serves as OnLabor's Social Media Director.
In today’s news and commentary, Cambridge coffeeshop Darwin’s Ltd. re-opens as a worker-owned collaborative, and the Supreme Court grants cert in another forced arbitration case.
After closing last year in response to its employees’ attempted unionization, Darwin’s Ltd.—located in OnLabor’s hometown of Cambridge, MA—has re-opened as a worker-owned collaborative. On September 12, approximately nine months after Darwin’s shut down mid-union negotiations, four former Darwin’s employees launched the Circus Cooperative Cafe at Darwin’s former Putnam Ave location. The employee-owned cooperative welcomes hires to become “worker-owners” after six months of employment, and is committed to extending to its workers a say in business decisions and a share of profits.
The Supreme Court has granted cert in yet another forced arbitration case. Last week, the Court announced that it would hear oral arguments in Bissonnette v. LePage Bakeries Park St. LLC, the third case in four years to consider the scope of the Federal Arbitration Act’s exception for transportation workers. In 2019, the Supreme Court held in New Prime Inc. v. Oliveira that independent contractors can qualify for the transportation worker exemption (meaning that they can not be compelled into forced arbitration). Then, in 2022, the Court in Southwest Airlines Co. v. Saxon extended the exemption to airplane cargo loaders. Now, in Bissonnette, the Court will consider whether a transportation worker must work for a company in the transportation industry in order to be exempt from the FAA. Opponents of forced arbitration are advocating for a more expansive holding, wherein even transportation workers affiliated with private fleets can qualify for the exemption.
Daily News & Commentary
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March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]
March 6
The Harvard Graduate Students Union announces a strike authorization vote.
March 5
Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law; Arizona proposes constitutional amendment to ban teachers unions’ use public resources; NLRB unlikely to use rulemaking to overturn precedent.