Vail Kohnert-Yount is a student at Harvard Law School.
The Supreme Court announced yesterday that it will decide next term whether federal employment discrimination laws protect LGBT employees. The Court granted certiorari in three cases: Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC. Bostock and Zarda are consolidated and present the question whether Title VII’s prohibition on discrimination “because of sex” covers discrimination because of sexual orientation. Harris Funeral Homes asks whether the prohibition covers discrimination because of gender identity. For OnLabor, Adrienne Spiegel explained what’s at stake in these cases, Sejal Singh compiled our previous coverage of the issues presented, and Jared Odessky summarized the commentary about yesterday’s grants. Jared will have continuing coverage of the cases until they are decided.
The so-called “996” workday, which refers to those who put in 12-hour days—from 9:00 AM to 9:00 PM—six days a week, is creating controversy in China. Jack Ma, the founder of e-commerce giant Alibaba and now the richest man in China, recently praised “996” as a “blessing” for workers. Even though research shows that working long hours produces diminishing returns and is even counterproductive, workers in both China and the United States are subject to what the New York Times called “the culture of overwork.” Chinese developers posted a statement on Github, a Microsoft-owned code sharing platform and social network, that criticized 996 and more generally overwork in the Chinese tech industry as both a health hazard and violation of Chinese labor law. While the post remains accessible in the United States, Microsoft employees say it has been the target of censorship on some Chinese browsers and are pressuring their employer to defend the statement should it come under pressure from the Chinese government to remove the pro-worker content from the platform.
The Philadelphia Inquirer reported that the Temple University faculty union tried a new strategy in its ongoing contract negotiations: opening bargaining sessions to any member who wanted to watch. Although open negotiations are not common in collective bargaining, proponents—including the Temple Association of University Professionals—say the process can build support and understanding among members and educate workers on management’s stance. “Smart unions are slowly realizing this whole open-negotiations thing may help skeptical workers or skeptical members realize that unions are the force for good in the collective bargaining process,” said Jane McAlevey, a labor scholar who advised the nurses’ union at Philadelphia’s Einstein Medical Center when they were using open negotiations. Meanwhile, the faculty union at Rutgers University reached a tentative contract agreement last week that would ensure that women and faculty from underrepresented communities will be able to obtain pay equity with their male and white counterparts. “The new provisions especially around equity and equal pay absolutely set a new standard,” said Rebecca Givan, an associate professor of labor studies at Rutgers. “All of higher education will notice that it’s one thing to say nice things around equity and diversity, and it’s another thing to put it in an enforceable contract.”
Kim Kelly wrote for the Washington Post about how women’s leadership is transforming the labor movement, from #RedForEd to fast food to sex work. As public support for unions is at a record high, Kelly argued that the labor movement’s “renewed energy is coming disproportionately from women.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
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.