Vail Kohnert-Yount is a student at Harvard Law School.
In the wake of the Epic Systems decision, U.S. companies are flocking to include forced arbitration and class action waiver clauses in their contracts. Attorney Ron Chapman of Ogletree Deakins helped create an arbitration clause generator on his firm’s website that went live soon after the ruling. “A lot of companies were waiting on the Supreme Court to see whether it was permissible or not,” he told CNN Money, noting that the tool has been used by about 50 businesses so far. Jared Odessky wrote for the National Employment Law Project on how such forced arbitration diminishes LGBTQ workers’ ability to vindicate their rights. In the meantime, students at a number of law schools continue their campaign to make firms that recruit on their campuses drop—or, at a minimum, disclose—forced arbitration agreements for their employees.
Today, voters in Washington, DC, decide the fate of Initiative 77 to apply DC’s minimum wage to tipped workers, who currently receive a subminimum wage from their employers and rely on tips to make up the difference. The National Employment Law Project found evidence from other states to suggest that raising the tipped minimum wage helps alleviate poverty by ensuring higher wages overall. Still, almost every elected official and restaurant in DC (with some exceptions, like the storied Florida Avenue Grill) oppose it, as well as many restaurant workers, especially those at higher end establishments. However, many tipped workers support 77 but fear retaliation for speaking out given their employers’ vocal opposition. Moreover, the restaurant industry has spent significant resources to defeat the ballot measure, much of it coming from anti-worker groups, restaurants that commit wage theft, and PR groups that previously consulted for the Trump campaign.
Confectionery News reported that a lawsuit against Nestlé and Cargill by six former child laborers that began in 2005 took yet another twist as appeal judges ruled that the plaintiffs can sue the companies in the United States after all. A three-judge 9th Circuit panel decided that the six plaintiffs can sue the two manufacturers known for their sweet products under the Alien Tort Statute for alleged child labor violations. The ruling created a circuit split between the 4th and 9th and 2nd and 5th Circuits.
Following the example of #MeToo, New York magazine reports that fashion assistants are using social media to shed light on rampant workplace abuse in their industry. On Instagram, the account @FashionAssistants spotlights problems endemic to the field, following in the footsteps of fashion models and industry interns who have begun organizing in response to poor working conditions, including verbal and often even physical abuse.
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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.