Edward Nasser is a student at Harvard Law School.
Over the last few weeks, Walmart announced plans to lean more heavily on automation and the gig economy, reports The Atlantic. The piece discusses two ways by which employers, like Walmart, keep wages down. First, by creating platforms for gig workers that allow employers to easily shop for labor. Second, by cutting its workforce down to a smaller, better-trained group that will be supplemented by gig workers and automation. One interesting note: the growth of flexible work arrangements, which include crowdsourcing platforms like Uber as well as freelancers and independent contractors, account for 94 percent of the net employment growth in the U.S. from 2005 to 2015.
Juli Briskman, the Virginia woman who lost her job after she was photographed giving the finger to President Trump, sued her employer, reports The New York Times. Her employer, a government contractor fearing retaliation from the Trump administration, made her resign for violating the company’s social media policy by sharing the photo on her personal Facebook page. Her complaint alleges that the gesture was “core political speech” protected by Virginia law and the Constitution.
The New York Times reports that the restaurant industry is facing a labor shortage. Employers have been forced to use creative means to recruit and retain employees, like repayment for culinary-school tuition, hiring formerly incarcerated persons as kitchen assistants, and using events like tequila-tasting seminars, flexible schedules and a promise of faster promotion. The Trump administration’s aggressive stance on immigration has played a part in the shortage, as restaurants are more weary to hire undocumented immigrants.
A group of unions is urging companies to reveal how they are spending the windfall from this year’s tax cuts, reports The Washington Post. The group, which includes the Teamsters, the Service Employees International Union, the Communications Workers of America, and the American Federation of Teachers, say that tax cuts have not translated into higher wages like the Trump administration promised. The most concrete result thus far has been an increase in large company’s buying back their shares, though an increasing number of small businesses report plans to raise wages in the future.
Daily News & Commentary
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July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.
July 8
DOL plans to make changes to the PERM immigration program; three-day hearing on proposed forced-labor tariffs is underway; Mamdani recovers $2.3M in corporate settlements.
July 7
Former EEOC Commissioner drops her wrongful termination lawsuit following the Supreme Court’s ruling on Presidential removal power; unions sue Department of Defense over cancellation of collective bargaining agreements.
July 6
NY home health worker class action settlement secures preliminary approval; the NLRB upholds order finding Amazon violated federal labor law.
July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.