Vivian Dong is a student at Harvard Law School.
About 60,000 migrant workers left Thailand between June 23 and June 28, according to Thailand’s immigration bureau, after the country’s military government adopted new labor regulations addressing the prevalence and abusive conditions of migrant labor. A decree that came into effect on June 17 penalizes employers who hire undocumented foreign workers 800,000 baht (30,720 USD). In response, many businesses have fired workers. Other workers, fearing an impending crackdown, have left on their own volition. The majority of Thai migrant workers come from Myanmar. Labour officials there report that over 16,000 Burmese migrant workers have returned home over the weekend. Most have been staying in government buildings retrofitted to provide temporary shelter for one or two days before continuing on to their hometowns. These chaotic conditions pose a high risk of human trafficking. Over 3 million migrant workers work in Thailand.
On Friday, the 10th Circuit invalidated an Obama-era Department of Labor regulation forcing employers to share gratuities with workers where workers are already receiving the federal minimum wage. The regulation states that all tips “are property of the employee,” regardless of how much the workers make in regular wages. A three-judge panel held that the regulation went beyond the statutory authority granted to the Department of Labor in the Fair Labor Standards Act, as the FLSA provisions at issue, those dealing with “tip credits,” only address employers who use tips to bring workers up to the minimum wage. The 10th Circuit’s holding deepens the circuit split on the issue, as the 9th Circuit upheld the regulation last year, a decision now on review for certiorari.
Microsoft is reportedly planning to lay off thousands of employees around the world as part of its shift in focus to cloud services. Azure, Microsoft’s cloud computing platform, has seen impressive revenue growth—94% in the third quarter of 2017. The planned restructuring will primarily affect Worldwide Commercial Business, Microsoft’s global sales and marketing group, which has primarily been trained to sell Microsoft’s software products.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]
July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave
July 24
Texas District Court dismisses case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers; jury awards two firefighters $1 million after they were terminated for union activity; and Democratic lawmakers are boycotting venues that have not rehired food service workers.