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
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September 1
California legislature passes a bill banning AI workplace surveillance of workers' emotional states; Labor Department repeals decades-old farmworker protection rules; Sixth Circuit upholds a $1.4 million verdict for farmworkers.
August 31
Boston Symphony Orchestra musicians stave off first-ever strike; Cleveland Public Library workers ratify new contracts; New York State AFL-CIO makes endorsements
August 30
Seattle teachers vote to authorize a strike days before the school year begins; BNSF Railway’s AI dispatching system puts workers in danger; and a California court finds that the DOL’s pay cuts for non-citizen farmworkers are unlawful.
August 28
Calls for a “token tax” on AI consumption grow and the number of Amazon workers on federal aid explodes.
August 27
NLRB GC targets Biden-era precedent; Starbucks Workers United calls for boycott; Encore Boston Harbor workers authorize strike
August 26
Trump administration proposes $103,000 H-1B visa fee after court blocks earlier attempt; Illinois governor signs law enabling state investment in AFL-CIO housing trust; Deloitte pays $21.5 million to settle DOJ probe alleging DEI-related discrimination in federal contracts.