Holt McKeithan is a student at Harvard Law School.
In today’s News and Commentary, Waffle House workers allege rampant wage theft, employers of seasonal migrant workers in Colorado systematically violate labor laws without consequence, and striking journalists at Law360 win a contract.
Waffle House workers, along with the Union of Southern Service Workers, accused the restaurant of a massive scheme of wage theft in a complaint with the United States Department of Labor. A survey by the Strategic Organizing Center found that 90% of Waffle House workers claimed to have had wages stolen by the chain in the past year. The DOL complaint alleged that Waffle House violated the Fair Labor Standards Act by requiring tipped workers to perform untipped labor, often up to three hours per shift.
Nearly one in ten Colorado employers relying on seasonal migrant workers have stolen wages or illegally charged their workers, according to an investigation by the Denver Post. Common violations include failing to reimburse workers for visa applications or transportations, illegally deducting fees for Medicare and Social Security, and failure to pay for housing and work supplies. Immigrant and Latino workers are the most likely to suffer wage theft. This rampant abuse occurs despite, or perhaps because of, the fact that Colorado farmers overwhelmingly rely on H-2A visa workers. Though the Denver Post’s investigation revealed systematic violations, the state and federal governments rarely bar the companies from hiring H-2A visa workers.
Journalists at Law360 reached a deal with their employer following a week-long ULP strike. The five-year contract guarantees an average wage increase of 12%, increases family leave, and ensures job protections surrounding AI.
Daily News & Commentary
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February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.