Lauren Godles is a student at Harvard Law School.
The labor community continues to speculate about the consequences of the monumental NLRB decision last week that held graduate students to be statutory employees. Writing for the Huffington Post, law Professor Joseph P. Mastrosimone suggests that there will be three unintended consequences of the decision. First, he contends that university honor codes that require such behaviors as “harmonious relationships” and “mutual respect” of all groups on campus could be struck down if they are seen as interfering with students’ rights to organize or deterring organizing behavior. Second, graduate student councils may not be able to continue in their present form, because, by participating, schools could violate the NLRA prohibition on “dominating” a labor organization. Third, Mastrosimone avers that professors’ academic relationships with students will change now that students could allege poor grades to be a form of retaliation for their participation in union or other organizing activity.
Chris Christie vetoed a bill on Tuesday that would have raised New Jersey’s minimum wage to $15 over the next five years. Christie called the proposed measure a “really radical increase” that would “make doing business in New Jersey unaffordable.” However, just across the river in New York City, most companies will be required to pay a minimum wage of $15 by 2018. Joseph Vitale, a Democratic New Jersey state senator and sponsor of the bill, called New Jersey’s current minimum wage of $8.38 a “poverty wage” that is “impossible to get by on.”
On the other side of the country, California Gov. Jerry Brown is poised to consider a farmworker overtime expansion bill after it cleared the California Assembly this week. Under the bill, California farmworkers, who are currently entitled to minimal overtime pay in limited circumstances, would receive overtime consistent with other industries. The benefits would include time-and-a-half for working more than 8 hours per day or 40 hours per week and double pay for working more than 12 hours per day. The measure would be implemented over four years. Business groups have called the measure a “short-sighted policy” that would put California farms at a “competitive disadvantage internationally.”
And, in international news, women in Afghanistan are organizing small village farm unions that are upending gender norms and making food sources more reliable in a region where sustenance is in short-supply.
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers