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Zachary Boullt is a student at Harvard Law School.
Lack of clarity on employees’ ability to use intermittent paid leave at their discretion is back in the limelight as schools begin to reopen. Though a Southern District of New York judge in early August struck down a Trump administration requirement that employees get employer consent to take leave under the coronavirus relief bill, questions remain regarding the ruling’s scope. The judge did not state the scope of the order striking down the restriction, and it could potentially apply nationally, just in New York, or just the Southern District of New York. The Department of Labor could appeal the ruling and ask for a temporary suspension, which would reinstate it, or issue new regulations. As the intermittent leave is necessary for many families struggling to figure out how to manage child care and schooling amidst the pandemic, the uncertainty is exposing employees and employers both to heightened risk.
The Democratic National Convention Labor Council met Monday to discuss hardships facing essential workers and the Trump administration’s missteps toward addressing employment issues. The meeting heavily focused on postal workers, partly influenced by President Trump’s postal service cutbacks and obstruction. Postal worker union representatives highlighted a quadrupling of postal service worker quarantines and a tripling of postal service workers sick with COVID-19 in recent weeks. However, the discussion was primarily focused on President Trump’s admittance of targeting the postal service to disrupt voting by mail. Apart from postal workers’ issues, the DNC Labor Council addressed a $15 minimum wage, stricter OSHA pandemic standards, and an across-the-board right to organize.
The Southern Poverty Law Center has sued Arkansas company Lowry Farms Inc. for allegedly committing wage theft against more than 2,000 seasonal Mexican workers. The lawsuit alleges that Lowry Farms exploited the guest worker program to pay workers less than the federal minimum wage and did not provide promised reimbursement for travel, lodging, and visa and border crossing fees. The lawsuit also alleges that the company unilaterally changed the contractual pay rate from pay-by-acre-planted to pay-by-piece-of-sugar-cane-planted. Lowry Farms maintains that it did no wrongdoing.
A coalition of labor unions in Nevada have begun a “Right to Return” campaign urging the Clark County Board of Commissioners to require employers to allow furloughed or laid off employees to return to work when businesses reopen. The coalition includes unions representing bartenders, culinary workers, theatrical stage employees, nurses, auto workers, and operating engineers, as well as SEIU and the Teamsters. A collective 87,000 Nevada workers are represented by the coalition. The coalition is arguing that these employees lost their jobs through no fault of their own and are pressuring county commissioners to consider an ordinance creating a right to return at a September 1 board meeting.
The United Association of Union Plumbers and Pipefitters has endorsed Joe Biden for president. The endorsement has been considered surprising to some given the union’s support for the Keystone XL pipeline, as the Biden campaign has stated that he would rescind permits authorizing the pipeline. However, the union’s support for Biden is grounded in the Biden campaign’s promises to invest in water infrastructure projects, replace lead pipes, and upgrade water treatment plants to stop water pollution, which would employ union workers. The union criticized the Trump administration for promising infrastructure projects and failing to deliver.
Tennessee has joined almost a dozen other states in passing a pandemic liability shield law. The law protects businesses, health-care providers, schools, churches, and nonprofits from lawsuits related to COVID-19 exposure. In order to survive a motion to dismiss, plaintiffs have to show the defendant acted with gross negligence or willful misconduct. Plaintiffs also need a statement from a doctor attesting belief that the defendant’s actions caused virus exposure.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
February 20
President Trump's labor secretary pick retreats from some of her pro-labor stances during Senate confirmation hearing and Lynn Rhinehart discusses implications of NLRB and other agency removals.
February 19
In today’s news and commentary, Lori Chavez-Deremer’s confirmation hearing, striking King Soopers workers return to the bargaining table, and UAW members at Rolls-Royce authorize a strike. Lori Chavez-Deremer, President Trump’s nominee for Secretary of Labor, faces a Senate confirmation hearing today. Chavez-Deremer may face more No votes from Republicans than other Trump cabinet members. Rand […]
February 18
In today’s news and commentary, an air traffic union examines the impact of federal aviation worker firings, Southwest Airlines lays off 15% of its corporate workforce, and the NLRB’s General Counsel withdraws Biden-era memos Following the Trump Administration’s dismissal of hundreds of Federal Aviation Administration (FAA) employees, the National Air Traffic Controllers Association (NATCA), a […]
February 17
President Trump breaks campaign promise to support workers and Utah’s governor signs a law banning public sector collective bargaining
February 16
Unions fight unlawful federal workforce purges; Amazon union push suffers setback in North Carolina.
February 14
Happy Valentine’s day! In today’s news and commentary, North Carolina Amazon warehouse workers hold a union election, and Trump nominates an Amazon alum to lead OSHA. Workers at an Amazon warehouse just outside Raleigh, North Carolina, are currently holding a union election, with voting taking place this week. If the vote succeeds, the warehouse would […]