Nicholas Anway is a student at Harvard Law School.
In today’s news and commentary: The NLRB battles Whole Foods over workers’ Black Lives Matter apparel; the New York Times details the rise of the worker productivity score; and as temperatures rise, industries fight against heat safeguards for workers.
The National Labor Relations Board (“NLRB”) is litigating a complaint against Whole Foods for terminating workers in at least six states for wearing Black Lives Matter (“BLM”) apparel in 2020, Bloomberg reports. Whole Foods argues that when its staffers were on the clock, their clothes were speaking for Whole Foods and that they were not authorized to speak about BLM. But the NLRB’s top prosecutor, Jennifer Abruzzo, argues that these workers are protected by the right of employees, even those without a union, to organize in an effort to change their working conditions. Employee speech about BLM, Abruzzo argues, is protected because it is relevant to employees’ “mutual aid or protection.” And Abruzzo counters that BLM is not too controversial to be allowed on employees’ apparel, as Whole Foods suggests. “That’s like saying, back in the ’50s, ‘We have to keep Black people in the backroom because our customers don’t want a Black person,’ ” she told one reporter. “I don’t find that to be particularly persuasive.”
According to reporting by the New York Times, employees are increasingly being “tracked, recorded and ranked” as employers across industries seek efficiency and accountability gains from workers. “Eight of the 10 largest private U.S. employers track the productivity metrics of individual workers, many in real time,” the Times explains. Employee surveillance is increasingly common across job types, impacting both blue-collar and white-collar workers. “Architects, academic administrators, doctors, nursing home workers and lawyers described growing electronic surveillance over every minute of their workday.” Workers, “whether working remotely or in person, are subject to trackers, scores, ‘idle’ buttons, or just quiet, constantly accumulating records.” Although many employers claim that these surveillance measures lead to productivity increases, employees subjected to them echo the complaints that surveilled employees in lower paying positions have voiced for years: that “their jobs are relentless” and that “they don’t have control.”
Rising temperatures are increasing the need to keep workers safe from heat-related injuries. States like California and Washington have adopted workplace rules to address heat exposure. But the Washington Post reports that, “many other states’ attempts to mandate these protections have been blocked or weakened following opposition from industry groups representing agriculture, construction and other business interests, according to public records and those involved in efforts to craft new rules.” In Nevada, for example, workplace heat stress complaints nearly tripled from 2016 to 2021, but a heat safety regulation adopted by the state’s Occupational Safety and Health Administration has been stalled by industry groups for months. The Biden Administration’s plan to draft new heat rules for workers is likely to face similar resistance from the nation’s biggest companies.
Daily News & Commentary
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September 25
Healthcare workers rally to restore legal status for TPS holders; nurses at a Maine hospital overwhelmingly vote to form their union despite alleged aggressive union busting tactics.
September 24
NLRB abandons rule for offensive conduct during protected activity; New York home care workers seek a union election; maritime deck officers endure long fight for first contracts.
September 23
DoorDash settles delivery-worker pay claims; Philadelphia school workers win new contract; stock gains spur retirements.
September 22
Judge blocks ICE raids in Alabama; Chicago hotel workers vote to strike; AutoZone workers look to create first union
September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.