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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December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.