
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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July 15
The Department of Labor announces new guidance around Occupational Safety and Health Administration penalty and debt collection procedures; a Cornell University graduate student challenges graduate student employee-status under the National Labor Relations Act; the Supreme Court clears the way for the Trump administration to move forward with a significant staff reduction at the Department of Education.
July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH
July 11
Regional director orders election without Board quorum; 9th Circuit pauses injunction on Executive Order; Driverless car legislation in Massachusetts
July 10
Wisconsin Supreme Court holds UW Health nurses are not covered by Wisconsin’s Labor Peace Act; a district judge denies the request to stay an injunction pending appeal; the NFLPA appeals an arbitration decision.
July 9
the Supreme Court allows Trump to proceed with mass firings; Secretary of Agriculture suggests Medicaid recipients replace deported migrant farmworkers; DHS ends TPS for Nicaragua and Honduras