
Rund Khayyat is a student at Harvard Law School.
On Thursday, the House passed a $484 billion federal spending plan to replenish the Paycheck Protection Program, a small-business loan program that has been too swamped by demand to continue processing loans. The measure also includes $60 billion for a separate small-business emergency loan and grant program and $75 billion for hospitals and health-care providers. The objective of the Paycheck Protection Program is to help businesses with fewer than 500 employees keep workers on payroll. To accomplish this goal, the Program extends forgivable loans of up to $10 million if employers continue paying their workforce.
The Washington Post reported that in a survey of nearly 2,000 small businesses, 91% had applied for loans under the Program and about half of those approved were able to retain their entire workforce. President Trump is expected to soon sign the stimulus bill, which already passed the Senate this week. Also Thursday, the Labor Department announced that 4.4 million Americans sought unemployment benefits last week, bringing the total number of national claims to an extraordinary 26 million.
Grocery stores around the nation are not taking basic measures to protect workers, despite their acute vulnerability on the front lines of the pandemic. Grocery employees have played a crucial role in the COVID response as restaurants close and Americans shelter at home — for instance, grocery store sales were up a shocking 83% for the two weeks ending March 22. The impact of the virus on grocery workers is already devastating: as of April 18, at least 18 Walmart employees had died, and 10% of the chain’s workforce was on leave. Workers have also died at Trader Joes, Kroger, and Safeway locations around the nation.
Grocery employees have been forced to work without protective equipment, information about co-workers who test positive for the virus, or crowd-control measures. For example, in March, a coalition representing Trader Joe’s employees said the company banned workers from wearing gloves. Similarly, Office Depot, Walgreens, and Target still discouraged employees from wearing masks by April 1. In mid-April, Walmart employees sent a letter to the company’s board voicing their safety concerns. Only this week did both Walmart and Kroger announce the companies would begin enacting measures to protect employees. Also this week, several states and cities began requiring customers to wear masks when entering essential businesses to protect workers.
But grocery employees told Vox this week that individual stores do not necessarily enforce state or company safety policies, and that without stronger state and federal enforcement, grocery chains will not prioritize employee safety over profit margins. Bolstering this point, Business Insider reported that Amazon-owned Whole Foods has monitored signs of union organizing in its stores by tracking its 95,000 employees through an interactive heat map. The heat map rates each of Whole Foods’ stores based on the likelihood that employees might form a union. It uses metrics that include employee “loyalty” and racial diversity; “tipline” human resources calls; proximity to a union office; and violations recorded by the Occupational Safety and Health Administration (OSHA). Though union-tracking has been common practice among large companies, albeit one rarely publicly discussed, it is significant during the pandemic because unions are likely to bargain for safety and sick leave measures for employees.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]