Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, California’s rideshare deal moves to the Governor’s desk; Boeing reaches a tentative deal with striking workers; and the FTC steps up scrutiny of noncompete agreements in the healthcare industry.
On Tuesday, the California state legislature passed a bill enabling Uber and Lyft drivers to unionize. Governor Gavin Newsom said last month that he would sign the bill; once he does, California will become the second state (following Massachusetts) to allow unions for rideshare workers. However, as Finlay wrote last month, lawmakers secured support for the bill by packaging it with SB 371, a companion bill that greatly reduces the amount of insurance coverage the companies are required to provide. Moreover, the companies aren’t likely to play nice with a potential union: As CalMatters reports, an Uber spokesperson refused to say whether the company would bargain in good faith if drivers unionized.
Yesterday, Boeing reached a tentative agreement with the International Association of Machinists and Aerospace Workers, potentially ending a strike that has lasted since the beginning of August. The strike began after the union rejected a proposed agreement from Boeing; the deal follows Boeing’s announcement that it would begin hiring permanent replacements for striking workers. The company says that the new proposal would raise wages by an average of 45%, and the deal restores a signing bonus that had become a point of contention. However, the deal still needs to be approved in a vote that will take place tomorrow, and some striking workers have signaled ambivalence towards the terms of the agreement.
Finally, letters released yesterday show that the FTC is increasing scrutiny of noncompete agreements in the healthcare industry. The letters were sent to an undisclosed set of healthcare providers, and they noted the agency’s statutory authority to investigate unfair methods of competition, including noncompetes. The agency encouraged the companies to review their agreements “to ensure that they comply with applicable laws.” Though the FTC announced last week that it was vacating the Biden administration’s blanket ban on noncompete agreements nationwide, Chairman Andrew Ferguson has indicated his opposition to these agreements under certain circumstances: this week’s move might be an example of what the administration’s policy will look like going forward.
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers