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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March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.