Vail Kohnert-Yount is a student at Harvard Law School.
President Trump acknowledged on Twitter on Monday that the White House required staff to sign nondisclosure agreements, which his aides have declined to confirm for months. Although legal experts say such agreements are essentially unenforceable for government employees because they infringe on First Amendment rights, the admission raises the question of how nondisclosure agreements—even those that are clearly unenforceable—chill employees’ reports of wrongdoing in their workplaces.
A legal reporter wrote about how employment contracts are rolling back workers’ rights in insidious ways—including her own experience signing a non-compete clause in her employment contract with a legal news publisher. Stephanie Russell-Kraft, now a freelance journalist, shared her not-uncommon story about being unaware of the non-compete provision in her employment contract with Law360 until she left for a new job. “Non-compete provisions are often buried deep in the piles of paper passed to employees on their first day of work,” Russell-Kraft wrote in The Progressive. “They’re similar in that regard to mandatory arbitration provisions, which bar workers from bringing collective claims against their employers in court.” The proliferation of non-compete, non-disparagement, and mandatory arbitration clauses in a society where social benefits like health care are tied to employment contracts has created “a new kind of indentured servitude,” she argues.
Over the weekend, thousands of security officers in Silicon Valley ratified their first contract in one of the largest private sector organizing efforts in California history. The SEIU United Service Workers West union approved a contract with four major security services companies, Securitas, Allied Universal, G4S and Cypress Security, some of whom provide services to tech companies including Facebook and Google. The contract will raise wages up to $1.20 an hour by January and make employers contribute more money for health care costs.
The New York Times editorial board investigated why long-haul truckers’ paychecks keep falling, even as the trucking industry complains it can’t find enough drivers. Ultimately, the federal government’s deregulation of the trucking industry beginning in the 1970s and 1980s, which weakened unions and created bigger financial incentives to lower costs, started the decline in truckers’ real wages, the board concluded.
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March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]
March 6
The Harvard Graduate Students Union announces a strike authorization vote.