Fred Wang is a student at Harvard Law School.
Two years into the COVID-19 pandemic, remote work appears here to stay. As infection rates have surged in recent weeks, many employers across the country have instructed their employees to continue working remotely, putting a halt to company return-to-office plans. And it appears increasingly likely that working from home will remain the long-term norm—at least for certain high-paying professions. According to a new report by Ladders, a job-search site for positions that pay at least $100,000 per year, over a quarter of high-paying work—that is, over 20 million workers—will be fully remote by the end of the year. Employer decisions to postpone return-to-office dates have prompted tremendous criticism, especially given the collateral effects working from home has on child care and education.
On Monday, Minnesota announced that it would adopt the Occupational Safety and Health Administration’s vax-or-test standard, becoming the first state to do so. The standard effectively requires covered employers to mandate either COVID-19 vaccination or regular COVID-19 testing and mask-wearing. OSHA’s rule currently awaits expedited review by the U.S. Supreme Court, with a special hearing scheduled later this week on January 7.
Another joint-employer legal battle is on the horizon, just weeks after the National Labor Relations Board announced its intention to revisit its joint-employer liability rules. On Tuesday, subcontracted Alphabet Inc. workers in Missouri petitioned the Board for a union election. According to the petition, the workers are seeking to negotiate not only with their immediate employer, but also with Alphabet Inc. itself. Under the current narrow standard, the workers would have to show that Alphabet exercises “substantial direct and immediate” control over core aspects of a their employment. And if they are successful, securing direct negotiations with Alphabet—due to the company’s much greater capacity to improve working conditions—could make “a big difference.”
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May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.