
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.
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October 21
Some workers are exempt from Trump’s new $100,000 H1-B visa fee; Amazon driver alleges the EEOC violated mandate by dropping a disparate-impact investigation; Eighth Circuit revived bank employee’s First Amendment retaliation claims over school mask-mandate.
October 20
Supreme Court won't review SpaceX decision, courts uphold worker-friendly interpretation of EFAA, EEOC focuses on opioid-related discrimination.
October 19
DOL issues a new wage rule for H-2A workers, Gov. Newsom vetoes a bill that regulates employers’ use of AI, and Broadway workers and management reach a tentative deal
October 17
Third Circuit denies DOL's en banc rehearing request; Washington AG proposes legislation to protect immigrant workers; UAW files suit challenging government surveillance of non-citizen speech
October 16
NLRB seeks injunction of California’s law; Judge grants temporary restraining order stopping shutdown-related RIFs; and Governor Newsom vetoes an ILWU supported bill.
October 15
An interview with former NLRB chairman; Supreme Court denies cert in Southern California hotel case