Leora Smith is a student at Harvard Law School.
Buzzfeed reports that a vineyard owned by President-elect Donald Trump’s son recently submitted requests for six H-2 foreign worker visas, creating yet another potential conflict of interest for the incoming administration. The Labor Department, which will be overseen by Trump’s appointees, is responsible for approving or denying the request. Businesses affiliated with Trump have applied for over 200 H-2 visas since the launch of his presidential campaign.
In related news, the United Nations Special Rapporteur in Trafficking in Persons, especially Women and Children raised concern about the H-2 program in a recent report, writing “Workers holding these temporary visas are tied to a specific employer who can exercise extensive control over them. Employers often confiscate passports, withhold wages, terminate contracts arbitrarily and threaten employees with job loss and deportation. Some live in deplorable housing conditions, commute long distance and enjoy low benefits…[C]oncerned workers may fear that if they report abuses, they will be deported or denied future visa applications.” There have not been complaints of abuses of H-2 workers at Trump’s companies.
A Google employee is taking the company to court, claiming that the confidentiality contracts employees are required to sign are overly broad. The NLRB recently struck down similar contracts at T-Mobile USA and other companies, and different Google employee has an NLRB case pending on the issue. The plaintiff in this case claims that Google contracts extend so far as to forbid employees from discussing concerns or wages with one another. He also claims that Google has a program called “Stopleaks”, requiring employees to report one another if they hear someone reveal confidential information. Failing to report leaks, or participating in conversations that violate the agreement can lead to punitive action including being fired or sued.
The move to raise the minimum wage to $15/hour just hit a roadblock in Ohio. Governor Kasich signed a bill that blocks municipalities from raising their minimum wage above the state minimum wage -currently $8.15/hr in Ohio- or implementing other worker benefit programs, such as paid leave. The Huffington Post reports that Ohio is now the twentieth state in the country to pass a law forbidding municipalities from enforcing a local minimum wage. Shockwaves will be felt in Cleveland, where voters are supposed to vote on the $15 hourly wage in a special election in May.
Daily News & Commentary
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]