Alexandra Butler is a student at Harvard Law School.
The number of initial state unemployment claims decreased by 193,000 last week, resulting in a weekly total of 576,000 claims. While reassuring, these numbers nevertheless highlight the work that remains when it comes to repairing the labor market. Ultimately, it is a question of supply and demand. As one economist notes, increasing job availability is crucial to the road to recovery. Yet, many emphasize that eliminating the labor shortage is equally as pressing. To do so, for example, will require the creation of safe workplaces to which employees feel comfortable returning.
On Thursday, the House voted in favor of the Paycheck Fairness Act, also known as H.R. 7. Designed to facilitate gender pay equity, the Act seeks to limit employer discretion when it comes to salary decisions. Under the Act, prior wage history would no longer be a factor considered in pay determinations. In addition, the legality of pay disparities would depend solely on the existence of a “job-related factor” that could explain the salary difference. While supporters of the bill see it as “an opportunity to finally secure equal pay for equal work,” some businesses believe that it will be detrimental to employee advancement and unnecessarily expose companies to legal liability.
A recent lawsuit challenges Darden Restaurants’ use of the tipped minimum wage. Under this scheme, employers rely on tips to fully comply with their area’s minimum wage standards. As a result, employees are often salaried at no more than $2.13/hour. In the initial complaint, the plaintiffs argue that the tipped minimum wage, in violation of the Civil Rights Act of 1964, creates and facilitates a hostile and discriminatory work environment that leaves women and people of color especially vulnerable to mistreatment.
In response to employer concerns, the Equal Employment Opportunity Commission (EEOC) will issue guidance regarding the legality of COVID-19 vaccine incentives offered to employees.
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May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.
May 14
MLB begins negotiating; Westchester passes a new wage act; USDA employees sue the Agriculture Secretary.