Julio Colby is a student at Harvard Law School.
In Today’s News and Commentary: California Governor Gavin Newsom vetoes a state bill to ban caste discrimination; an NLRB judge finds then–Starbucks CEO Howard Schultz violated labor law by threatening workers; and the Department of Labor is investigating Tyson Foods and Perdue Farms as part of its child labor investigations.
On Saturday, California Governor Gavin Newsom vetoed a bill to ban caste discrimination in employment, housing, and education. Passed in the legislature last month, SB 403 would have amended the state’s existing protections against ancestry discrimination to include “lineal descent, heritage, parentage, caste, or any inherited social status,” effective January 1, 2024. The bill would have made California the first state in the US to ban discrimination on the basis of caste after Seattle became the first US city to do so in February of this year. The bill drew support from labor unions and other liberal organizations organizing in reaction to the increased prevalence of caste discrimination in the tech sector, but Hindu, Sikh, and other South Asian groups were split on support. According to Governor Newsom’s veto message, specifically including caste was unnecessary because it is already covered under existing categories of protections. But no case law currently affirms that proposition, and groups supporting the measure argue that the protection is important to condemn the history of the practice.
On Friday, an NLRB judge ruled that then-Starbucks CEO Howard Shultz violated labor law by encouraging workers to quit because they engaged in union activity. In April 2022, Schultz invited several Long Beach-area Starbucks workers to a “partner collaboration session” where barista Madison Hall called out the company’s open NLRB investigations and anti-union practices and asked Shultz if he was willing to be honest with workers. Schultz replied that he was there “to be 100 percent honest and transparent” and that “if you’re not happy at Starbucks, you can go work for another company.” Administrative Law Judge Brian Gee found that Shultz’s comment constituted a threat of discharge for engaging in pro-union activity, “a chilling admonition that Hall’s exercise of protected speech was incompatible with continued employment at Starbucks.” This is the 30th decision by an NLRB judge to go against Starbucks, but it is notable for finding that the company’s outspoken former CEO and current “chairman emeritus” personally violated labor law. Starbucks can appeal the case and is exploring options for review.
The Department of Labor is investigating meatpacking giants Tyson Foods and Perdue Farms as part of the agency’s investigation into child labor violations by subcontractors. DOL Wage and Hour Division is probing the companies amid allegations that Virginia subcontractors are employing children as young as 13 to work overnight to clean equipment at the companies’ plants. The DOL has investigated and closed cases involving over 4,000 children employed illegally in dangerous working conditions this year, but the decision to investigate the two companies is the first time the agency has attempted to hold a parent company liable for subcontractor child labor violations. Thus far, contractors and major brands have been able to avoid joint liability for these violations through contracts and franchise agreements. But the DOL’s investigations suggest the agency will argue that the companies are joint employers, exerting enough control over the working conditions of subcontractors’ employees to be considered liable for labor violations related to them. Labor advocates say holding these companies liable could incentivize them to set minimum labor standards for subcontractors and ensure compliance through regular audits.
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January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions