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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July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.