
Fred Messner is a student at Harvard Law School.
After a weekend of slow but steady procedural advances, the Senate is expected to pass the long-awaited compromise infrastructure bill early this week. As the New York Times explained Monday morning, the bill’s final passage may be delayed until late Monday night unless the chamber can secure unanimous consent to forego the 30 hours of debate required under Senate rules. As of Monday morning, only one Senator—Bill Hagerty (R-TN)—remained opposed to accelerating the process. Although the bipartisan bill dispensed with many crucial administration priorities, it nonetheless attracted enthusiastic support from prominent labor organizations, which have found much to like in the bill’s provision for roads, bridges, rail, public transit, and other built infrastructure projects. Indeed, the past view months have witnessed complementary efforts by both industry and labor groups to advance the legislation. As President Biden put it after a July 22nd summit featuring eight labor and business leaders, “it’s both in the interest of business and labor to get this done.”
Elsewhere on Capitol Hill, Senate Democrats released an outline of the American Families Plan (AFP), the $3.5 trillion antipoverty and climate initiative they intend to advance after the August recess. The American Families Plan, which includes a grab-bag of measures ranging from clean-energy tax incentives to price-reduction policies for prescription drugs to mild immigration reforms, would have to secure unanimous support from the Democratic caucus in the Senate, as no Republican legislators have signaled openness to the wide-ranging package. In a letter to the caucus shared on Monday morning, Majority Leader Chuck Schumer indicated that the Senate would not adjourn for its August recess until it passed both the bipartisan infrastructure bill and the budget outline for the AFP.
Finally, The American Prospect published a deep look into the legal status, wages, and working conditions of warehouse workers across the country. Throughout the “archipelago” of warehouses scattered across the continental United States, the Prospect explained, as many as four million workers are paid wages under $20 per hour for backbreaking work that has only become more dangerous as the pandemic has worn on. Among the many factors driving abusive conditions is warehouse owners’ use of staffing companies to secure contingent, precarious workers who can be classified as “temporary” even as they fill roles indistinguishable from full-time employment. Because the warehouses do not technically employ these workers, they have no legal obligation (and perceive no moral or fair-dealing obligation) to provide them with benefits or job security. Moreover, under the prevailing interpretation of the NLRA, unionization would be of only limited use, as the warehouse owners would likely not be considered joint employers with a duty to bargain with workers formally employed by a third-party staffing company. The entire article is worth reading in full—both for its portrait of warehouse labor and its analysis of the legal infrastructure that facilitates such abusive structures.
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September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.