
Michelle Berger is a student at Harvard Law School.
In today’s News and Commentary: The NLRB’s General Counsel wields Stericycle; legislators in California advance two bills relating to workers; and Big 3 suppliers may receive federal aid.
On Tuesday, the General Counsel of the NLRB issued a complaint against Amazon for violating employees’ rights by maintaining an overly-broad work rule. According to a document tweeted by Amazon Labor Union attorney Seth Goldstein, the complaint issued on Tuesday specifically alleges that Amazon’s confidentiality rule violates the Act.
Per the document, Amazon’s confidentiality rule prohibits employees from “communicat[ing] … proprietary or confidential information of Amazon in whatever form … that is not otherwise generally known to the public.” The rule lists myriad examples, including “business and financial information,” and concludes with a savings clause that attempts to clarify that the rule does not pertain to “terms and conditions of Employee’s own employment.” As Elyse reported, the Board in its Stericycle decision last month reversed the Trump-era standard for unlawful work rules. Stericycle established that workplace rules may be unlawful if employees could reasonably interpret them as interfering with their Section 7 rights. The Board instructed that rules be evaluated from the perspective of an employee who is “economically dependent on the employer.”
Today is the last day of the legislative session in California. Yesterday, the Assembly voted to approve unemployment benefits to workers on strike. The Senate would still need to vote on and pass the bill before the legislative session ends. In addition, there has been a flurry of activity in recent days related to Assembly Bills 1228 and 257. Per the Sacramento Bee, the SEIU, fast-food industry, and Governor Newsom have worked out a deal to establish a $20 minimum wage for fast-food workers in the state. In exchange, AB 1228 will no longer contain a provision holding corporations jointly liable for conduct by franchisees. And the fast-food industry will abandon its attempt to overturn (via a referendum) legislation enacting a council of industry and worker representatives. The council will increase wages annually to account for inflation and will be responsible for “advancing fast food minimum standards.”
The UAW targeted strike of the Big 3 automakers begins at midnight. The Washington Post reports today that the Biden administration may take “economic measures” to protect the Big 3’s 5,600 smaller supplier firms to prevent widespread supply chain disruption.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.
September 8
DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.