The Eighth Circuit stayed further consideration of Horton v. Midwest Geriatric Management, LLC following the Supreme Court’s decision to take up Bostock and Zarda. Horton, like the aforementioned cases, concerns whether Title VII’s bar against discrimination because of sex extends to discrimination because of sexual orientation. Read Adrienne’s earlier summary of oral argument in Horton here.
Yesterday former Vice President Joe Biden announced his long-expected candidacy for the Democratic nomination for President. POLITICO reports that Biden can already count on the support of some heavyweights in organized labor. On Monday, he will be joined by United Steelworkers President Leo Gerard to formally launch his campaign at the union hall of Teamsters Local 249 in Pittsburgh. The New York Times characterizes Biden’s economic agenda as “populist” with a “focus[] on income inequality and workers’ rights.” In addition to supporting a $15 minimum wage, [h]e has called for a ban on noncompete agreements that prevent workers from taking jobs at competitors, and has advocated policies that would let workers discuss how much they are paid without retaliation [which the National Labor Relations Act already protects].” But Biden has also been widely criticized for his treatment in 1991 of sexual harassment victim Anita Hill and his inappropriate interactions with women, which many have said would not be tolerated in a workplace context. Payday Report also points out that Biden’s first official fundraiser last night was hosted by Steve Cozen, founder of union-avoidance law firm Cozen O’Connor. A headline from New York Magazine reads: “Biden Boasts Strong Support From Unions, Union Busters.”
James Hohmann at The Washington Post details the U.S. Chamber of Commerce’s planned evolution from a primarily Republican-allied group to a more centrist institution. In recent years, the Chamber’s nearly exclusive support of Republican candidates, especially as the party increasingly embraces protectionism and restrictive immigration policies, has led to defection and dissatisfaction among some dues-paying member companies. The Chamber has now begun a “charm offensive” targeting Democrats on Capitol Hill, particularly freshman members who the organization sees as more moderate. As part of its strategic realignment, the Chamber will add new criteria to its candidate scorecard to make it easier for business-friendly Democrats to get higher ratings.
As Sejal reported on Wednesday, the two Google employees who organized last year’s walkout voiced concerns earlier this week that the company is retaliating against them. Bloomberg Law calls attention to a new NLRB complaint filed on behalf of a Google employee by labor law firm Levy Ratner against the company for alleged retaliation for protected concerted activity. Yesterday Google also announced a new set of policies to address worker concerns, including the establishment of a website for employees to submit complaints about workplace misconduct and a more expansive, Weingarten-like right to bring coworkers to investigatory interviews.
Daily News & Commentary
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August 26
Park employees at Yosemite vote to unionize; Philadelphia teachers reach tentative three-year agreement; a new report finds California’s union coverage remains steady even as national union density declines.
August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.
August 21
FLRA eliminates ALJs; OPM axes gender-affirming care; H-2A farmworkers lose wage suit.
August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.