Alexandra Butler is a student at Harvard Law School.
This morning, the Bureau of Labor Statistics released its monthly jobs report for March. According to the report, the unemployment rate is now at 4.4%, 0.9% higher than last month’s. In addition, 701,000 nonfarm jobs were lost in March, yet as the report and others note, this number does not fully encapsulate the economic downturn in the last couple of weeks.
As the pandemic continues to grip both the nation and the world, those outside of the “traditional” economy may face inconsistency between what the CARES Act, the coronavirus relief package, provides and what happens in practice. As unemployment numbers have skyrocketed to 7.1 million, the Washington Post reported that states lack the necessary infrastructure to provide speedy and responsive relief to those gig workers who have applied under the new program. This systemic failure has resulted in states requesting these workers to delay their applications, leaving individuals uncertain as to when aid will be available. And while the Paycheck Protection Program provides small businesses with loans that can help to maintain payrolls, a delayed application time for independent contractors and self-employed individuals has the potential, as the Associated Press notes, to bar access to the somewhat limited funds, as larger corporations are also able to seek relief under this provision.
As retail stores remain closed to stop the spread of the virus, nearly 1 in 16 retail employees have been furloughed this week, leaving them at home with no wages. Yet, the need to mitigate infection has had varying impacts on employees around the nation. For workers at nuclear power plants, the pandemic has allowed for up to 86 hour work weeks, adding an additional 14 more hours to a worker’s time spent on the job. Such a change is subject to the discretion of the Nuclear Regulatory Commission, but would mean that workers, assigned to one of two rotations, could have 12 hour shifts for 14 days in a row. This scheme is a result of staffing requirements at nuclear power plants, with one industry expert noting that it “could minimize exposures and risks of infection among workers.”
Worker attempts to unionize at Trader Joe’s are being met with resistance. Trader Joe’s has responded to employee hazard pay demands with attempts to dissuade unionization, providing warnings such as: “a union is a business and they’re trying to take your money.” While its anti-union message is strong, the store has refused to require employees to wear gloves, instead leaving the decision to store-level management. In some locations, this has resulted in a refusal to allow such protective gear.
Over the past couple of days, many have highlighted the extent to which coronavirus has exacerbated existing problems in our workforce, specifically with respect to race, as Maxwell noted yesterday, immigration and gender. The Economic Policy Institute released a study revealing that women are more prevalent in the sectors that are both high in demand – health care and social assistance – and low in demand – leisure and hospitality – during the pandemic. Noting that these sectors suffer from a gender wage gap, the study highlights the unequal burden that women workers carry during this time.
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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