The Supreme Court announced on Monday that it granted certiorari in Somers v. Digital Realty Trust, Inc., to decide whether whistleblowers who report misconduct internally, and not externally to the SEC, are entitled to anti-retaliation protections under the Dodd-Frank Act. The Ninth Circuit had ruled that employees who report internally were entitled to protection. This ruling was in line with a Second Circuit decision, as well as official SEC comments on the issue. Andrew Cheresney, former SEC Enforcement Director, stated “the Commission has filed six briefs in courts of appeals, and nearly a dozen briefs in district courts, in support of its rule clarifying that individuals who make internal reports of possible securities law violations are protected under the Commission’s whistleblower rules.” Reuters reports.
Samsung is slated to open a factory in South Carolina and employ an estimated 950 people to make washing machines and other home appliances. A growing demand for American-made goods from retailers like Walmart, rising costs of labor in China, and President Trump “statements about renegotiating free-trade agreements and potentially imposing import duties” have spurred many retailers, like Alibaba and LG to invest in factory jobs in the United States. The New York Times reports.
The New Jersey state legislature recently passed a bill prohibiting employers from asking about salary history. If signed by Governor Chris Christie, New Jersey would join the likes of Massachusetts, Delaware, New York, Oregon, and Philadelphia (as previously reported on the blog here).
China has released the three labor activists detained for investigating abusive labor practices in factories that manufacture shoes for Ivanka Trump’s line. Though Ivanka Trump has not commented on the investigators’ detention, she noted in a State Department speech on Tuesday that “ending human trafficking is a major foreign policy priority of the Trump administration.” The New York Times reports.
Daily News & Commentary
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]