Leora Smith is a student at Harvard Law School.
Department of Labor officials told the The Guardian that it is getting harder to conduct workplace investigations because undocumented workers are refusing to cooperate with investigators. According to the report, the current government’s policies have stoked such fear of deportation among undocumented workers that in some instances workers are “declining to accept back wages owed to them and running away from staff who show up at their workplaces.” As a result, it is becoming harder to learn about workplace violations, and to enforce proper standards. The Department of Homeland Security and Immigration and Customs Enforcement have a Memorandum of Understanding, still in place, stating that they will not interfere in Department of Labor investigations.
The Wall Street Journal reports on worker shortages facing the construction and farm industries as a result of “demographic trends coupled with a skills mismatch.” The Bureau of Labor Statistics found that the number of unfilled construction jobs has almost doubled in the last five years with around 150,000 jobs currently unfilled. Farmers also report vast labor shortages that resulted in tens of millions of dollars of crops rotting in their fields before being cultivated. At the root of the problem, according to the article, is an aging workforce – an average construction equipment operator is 46 years old – reduced visas for guest workers, delays in visa processing, and a shrinking undocumented workforce.
And a new group on Capitol Hill, the Blue Bollar Caucus, is working to win back blue-collar voters in traditionally Democratic states. Labor leaders met with Caucus co-chairs, Rep. Marc Veasey of Texas and Rep. Brendan Boyle of Pennsylvania, for a listening session this week.
In international news – a small city council in Canada is taking a novel approach to the problem of underpaid temporary workers, by voting to stop using temporary staffing agencies altogether. A recent report from the province of Ontario, where the City of Brantford is located, found that 75% of temp agencies inspected were violating provincial labor laws.
Daily News & Commentary
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December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]