
Marina Multhaup is a Senior Associate at Barnard, Iglitzin & Lavitt—a law firm in Seattle, Washington, that represents unions, and a former student member of the Labor and Employment Lab at Harvard Law.
Today is the inauguration of President Joe Biden, whose candidacy has been supported by union leaders and worker advocates as a turning point for the labor movement. President Biden previously unveiled plans to implement a $15 national minimum wage, pass the PRO-Act, and expand unemployment benefits, among other pro-labor plans.
President Biden promised to unveil an immigration reform bill today which includes an eight-year path to citizenship for an estimated 11 million people living in the US without documentation. The bill would also quicken the path to citizenship for DACA-recipients, promises to address some of the root causes of Central American migration, and includes paths to citizenship for undocumented and H-2A agricultural workers.
Yesterday the Senate began confirmation hearings for Biden’s cabinet members after significant delays. Treasury Secretary nominee Janet Yellen testified that her priorities will be investing in expanding unemployment benefits, helping struggling workers find good jobs and better wages, and repairing the economy especially with regard to women and people of color. Ms. Yellen said that the administration should “act big,” prioritizing national spending to rebound economically from the pandemic rather than worrying about national debt.
The Trump Department of Labor issued a last-minute Opinion letter yesterday which advised that certain local news reporters can be considered “creative or learned professionals” under the FLSA and therefore exempt from minimum wage and overtime requirements. The Opinion Letter argued that, due to substantial changes in the field of journalism, many local news reporters have shifted from a “just the facts” approach to a more “context-based reporting,” which “requires significantly more autonomy, independence, and originality.” Whether journalists are subject to the “creative” FLSA exception has long been debated in the agency and in the courts. The Biden-led DOL could reverse this guidance.
As Zachary noted yesterday, 1400 members of Teamsters Local 202 went on strike in the Bronx, demanding a $1 per hour wage increase. Police officers arrested several members on the picket line and held them overnight. The circumstances of the arrests remain unclear. Daniel Kane Jr., President of Teamsters Local 202, condemned the arrests, saying, “It is outrageous that after being called essential heroes for months, several of our members were arrested while peacefully protesting for a raise today.” The workers were released early yesterday morning.
Finally, in a statement released yesterday afternoon, the Screen Actors Guild union (SAG-AFTRA), of which Trump is a member, voted to hold a disciplinary hearing for the former president over his role in the deadly Capitol riots. The union emphasized the danger to its broadcast journalist members that Trump incited. After the disciplinary hearing, two-thirds of the union could vote to suspend or expel Trump from its membership.
Daily News & Commentary
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June 20
Three state bills challenge Garmon preemption; Wisconsin passes a bill establishing portable benefits for gig workers; and a sharp increase in workplace ICE raids contribute to a nationwide labor shortage.
June 19
Report finds retaliatory action by UAW President; Senators question Trump's EEOC pick; California considers new bill to address federal labor law failures.
June 18
Companies dispute NLRB regional directors' authority to make rulings while the Board lacks a quorum; the Department of Justice loses 4,500 employees to the Trump Administration's buyout offers; and a judge dismisses Columbia faculty's lawsuit over the institution's funding cuts.
June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.
June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.
June 15
ICE holds back on some work site raids as unions mobilize; a Maryland judge approves a $400M settlement for poultry processing workers in an antitrust case; and an OMB directive pushes federal agencies to use union PLAs.