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.
Daily News & Commentary
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December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction