Fred Wang is a student at Harvard Law School.
Employers are divided on company-level vaccination policy, according to a New York Times survey published last week. Although the vast majority of large corporations plan to require vaccinations for at least some workers, there remains meaningful variation in terms of what these vaccine requirements will look like. Some employers will allow regular testing as an alternative to vaccination. Many go “above and beyond” the federal vaccine-or-test requirements that the Supreme Court blocked last month. Some require booster doses; most do not. And some will defer to federal, state, or local mandates — and not enact their own requirements. The result is a patchwork system of vaccination requirements that can vary based on one’s occupation, employer, city, or state.
Employment-recovery prospects for leisure and hospitality workers remain dim, despite general labor market tightness, according to a recent piece in HuffPost. Job numbers in the food-service and accommodations industries are down from their pre-COVID-19 levels, leaving workers laid off at the start of the pandemic “waiting for callbacks they’re no longer sure will come.” This protracted recession is likely the result of depressed consumer demand: people are going out and traveling less because of COVID-19. But workers fear that employers may be using the pandemic as a reason to permanently slash services and labor costs.
Uber’s proposal to establish pooled-benefit programs is a “bad deal” for platform workers, Simon Archer and Josh Mandryk argue in Jacobin. In Canada, the ride-share company is encouraging the creation of pooled-benefit funds that would, in Uber’s words, “protect the flexibility of platform work, while providing additional benefits and protections to workers.” In effect, the proposal is a half-measure that Uber will likely use to stall employment law reforms classifying platform-work drivers as employees. As the authors point out, “Uber’s financial incentive in the portable benefits plan is obvious: it is less than half the cost of existing benefits to which employees are currently entitled.”
Daily News & Commentary
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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.