On Tuesday President Obama signed into law the Workplace Innovation and Opportunity Act, a bill that provides money to cities and states for job retraining programs. The New York Times notes that the legislation essentially reauthorizes a Clinton-era law, but adds a focus on reducing “the bureaucracy of the previous law by eliminating overlapping and duplicative programs.” In addition, “the new law seeks to impose more accountability on the federal-state training partnerships by requiring a “job-driven checklist” to ensure that federal money is used effectively and by providing “data-driven tools” to give workers better information about career prospects.”
The NLRB ruled yesterday that a group of cosmetics and fragrances workers at a Macy’s store in Massachusetts were a large enough group to unionize. In a 3-1 decision, the Board found that the employees shared a “community of interest,” and that Macy’s had failed to meet its burden of establishing that the smallest appropriate bargaining unit should include all store employees. According to the Wall Street Journal, some see the ruling as easing the path to unionizing subsets of workers in various industries, though the reach of the decision beyond this particular case remains unclear.
The New York Times reports that a California state court judge has granted class certification to a large group of Apple employees who are alleging that the company failed to provide meal and rest breaks as required under California law. Though Apple changed its official policy regarding meal and rest breaks in 2012—nine months after the litigation was filed—the lawsuit covers the five years prior. Because “under California law, employers are required to compensate workers with an extra hour of pay each time that meal or rest breaks are not given on a timely basis or are not provided at all,” experts say the plaintiffs could be seeking tens of millions of dollars.
In immigration news, lawmakers remain at odds over a plan to address the surge of unaccompanied minors appearing along the US-Mexico border. According to the New York Times, both sides are now saying a deal is unlikely to emerge before Congress’ August recess. While the Senate Democrats have called for about $2.7 billion to address the current problem—approximately $1 billion less than President Obama requested—Republicans are opposed to sending money without limiting the legal protections available for unaccompanied minors in the 2008 Trafficking Victims Protection Reauthorization Act.
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers