
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
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May 9
Philadelphia City Council unanimously passes the POWER Act; thousands of federal worker layoffs at the Department of Interior expected; the University of Oregon student workers union reach a tentative agreement, ending 10-day strike
May 8
Court upholds DOL farmworker protections; Fifth Circuit rejects Amazon appeal; NJTransit navigates negotiations and potential strike.
May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.
May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]