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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October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.