
Fred Messner is a student at Harvard Law School.
Reuters reported yesterday that Kellogg Co. plans to hire permanent replacements for approximately 1,400 workers who have been on strike from four plants across the Midwest and Southeast since early October. Kellogg had previously threatened to replace striking workers but reiterated its threat—and announced that it had no plans to bargain further with the union—after workers rejected a revised contract proposal that would have preserved a two-tier compensation structure unfavorable to newer workers. OnLabor’s own David Doorey posted an analysis last night explaining the roots of American labor law’s permissive stance on striker replacements—and how Canada’s more pro-worker approach offers an alternative model.
The Guardian explored the term “student-athlete” in an article this morning about labor issues in college sports. Objections to the term, The Guardian explained, are widespread because it obscures the extent to which these athletes are workers and presents a misleading impression that they retain the freedom to put school first. Even NLRB General Counsel Jennifer Abruzzo has weighed in, taking “direct aim at the NCAA’s use of the term” as undermining college athlete’s efforts to organize for workplace rights. As one such athlete emphasized, “It is silly to try and pretend that we function as regular students who simply participate in an extracurricular activity. This is a job.” Elsewhere in university worker issues, graduate students at Columbia University continue to picket as the university has escalated its efforts to break the students’ second strike of the year. As Nikita explained on the blog over the weekend, Columbia recently notified striking students of its plans to recruit permanent replacements for workers who do not return to work by December 10th.
Finally, in international news, Politico and Reuters have obtained a draft of European Commission rules that would force certain online platform companies to reclassify their workers into an employment structure closely analogous to the “employee” category in the U.S. The classification scheme appears to rely on a “control” test. According to Reuters, “workers could be classified as employees if online platforms determine their pay, set conduct and appearance standards, supervise the performance of work through electronic means, restrict their ability to choose their working hours or tasks, and prevent them from working for third parties.” Roughly 2–4 million gig workers (out of 28 million across the EU), could be affected by the new rules, according to the EC’s own estimates. The move would be a welcome one and comes as American jurisdictions may be trending in the opposite direction. After securing independent contractor status (albeit with some minor concessions) in California through Prop 22, gig companies have begun pushing similar initiatives in other states. Regardless of what happens in Europe, the fight for security and fair wages is sure to continue stateside for the foreseeable future.
Daily News & Commentary
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May 9
Philadelphia City Council unanimously passes the POWER Act; thousands of federal worker layoffs at the Department of Interior expected; the University of Oregon student workers union reach a tentative agreement, ending 10-day strike
May 8
Court upholds DOL farmworker protections; Fifth Circuit rejects Amazon appeal; NJTransit navigates negotiations and potential strike.
May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.
May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]