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
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July 18
NLRB General Counsel issues memorandum reaffirming commitment to using 10(j) injunctions; Labor Department obtains a landmark anti-retaliation injunction; and a new report investigates the rise in union curious workers.
July 17
Senator J.D. Vance joins Donald Trump’s campaign, targeting pro-labor voters, Project 2025 includes gutting the National Labor Relations Board (NLRB), and Seattle Boeing workers prepare for a strike vote.
July 16
Teamsters president speaks at RNC; Starbucks decertification campaign fails; Biden taps new PBGC leader
July 15
Workday bias suit moves forward; DOL proposes new LMRDA rule; Bronx Defenders to go on ULP strike
July 14
Teamsters president to speak at RNC; youth work permit requirement rollbacks; eulogies to Jane McAlevey.
July 12
Dollar Tree and OSHA settle; union leaders split over Biden support; new report on low wages.