Jon Weinberg is a student at Harvard Law School.
While the O’Connor settlement awaits approval, Uber has made a series of changes designed to appeal to drivers. The New York Times reports that “drivers can more easily pause ride requests” and that drivers can now be paid instantly. Uber will also start rides two minutes after drivers arrive at a user’s location and work with partners to provide driver tax advice and discounts on rides, auto maintenance, and cellphone data plans.
The NLRB’s standard for determining appropriate bargaining units survived Fifth Circuit scrutiny in a closely-watched case. According to Bloomberg BNA, with its ruling in Macy’s, Inc. v. NLRB, “the Fifth Circuit became the fourth appeals court to enforce NLRB rulings based on the board’s 2011 Specialty Healthcare decision.” Under this standard, “if employees in the proposed unit constitute a readily identifiable group sharing a community of interest…such a finding [of a bargaining unit] can be overcome only if the employer establishes that the proposed unit excludes other workers who share an “overwhelming community of interest” with the employees covered by the union’s petition.”
DeflateGate’s impact off the football field was the subject of an amicus brief filed by 11 labor law and labor relations professors urging the Second Circuit to re-hear the case. As CBS notes, the professors argue that “[NFL Commissioner Roger] Goodell “improperly exercised his authority as an arbitrator” in upholding [Tom] Brady’s four-game suspension for his alleged role in DeflateGate. Their brief, like others filed this week, presents Brady and Goodell’s case as one with far-reaching, negative implications for future labor disputes.”
Finally, an adjunct professor writes in The Washington Post that “unionizing adjuncts has done nothing to meaningfully change the contingency nature of adjunct employment,” instead concluding that the “system of adjuncts carrying higher education on their backs needs a complete overhaul, and it will take more than the incremental improvements that union organizing can achieve.”
Daily News & Commentary
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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
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.