Mackenzie Bouverat is a student at Harvard Law School.
The house is poised to vote on bills aimed at fighting bias in the workplace. The first repeals a Trump-era U.S. Equal Employment Opportunity Commission rule. The rule concerns the EEOC’s conciliation process, which is a means of resolving disputes over allegations of workplace bias after the agency has determined an employer discriminated against an employee prior to the EEOC bringing suit against that employer. If the worker and employer do not reach agreement during this process, the agency can then sue that employer. The rule, finalized in the last days of the Trump administration and now up for repeal, required the EEOC to furnish employers with information during conciliation concerning the agency’s legal position and findings of alleged workplace discrimination, including the identity of harassers or at-fault supervisors and potential class sizes. Workers’ rights groups disapproved of the Trump-era rule, arguing that it disadvantaged workers during settlement negotiations. The second bill is the Protecting Older Workers Against Discrimination Act (H.R. 2062). It aims to make it easier for workers to bring age discrimination suits against their employer, overriding a U.S. Supreme Court standard that generally requires workers to show that age was the sole cause for a negative employment action, rather than a motivating factor.
Zach reported yesterday on the poor working conditions endured by Amazon workers during so-called “Prime Week.” Planning to strike while the iron is hot, the International Brotherhood of Teamsters yesterday announced the “Amazon Project,” a plan to ratchet up efforts to unionize workers at Amazon.com Inc. Tweeting that Amazon workers will “build the power it takes to raise standards,” the union plans to establish a company-specific division targeting workers at the notorious union-buster and logistics giant. “The International Brotherhood of Teamsters recognizes that there is no clearer example of how America is failing the working class than Amazon,” according to a copy of the resolution. “From its start as a book retailer, Amazon has grown to become an e-commerce giant and has disrupted industry after industry and displaced hundreds of thousands of jobs.”
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February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.
February 19
Union membership increases slightly; Washington farmworker bill fails to make it out of committee; and unions in Argentina are on strike protesting President Milei’s labor reform bill.