Melissa Greenberg is a student at Harvard Law School.
The Supreme Court has been asked to reconsider whether arrangements requiring non-union employees in the public sector to pay fair share or agency fees violate the First Amendment of the Constitution. Yesterday, Mark Janus, an Illinois state employee, petitioned the Supreme Court to review the Seventh Circuit’s decision in Janus v. AFSME and consider overturning the Court’s precedent in Abood v. Detroit Board of Education. This petition comes just one year after the Court was asked to consider its precedent in Abood in Friedrichs v. California Teachers Association but split 4-4 following Justice Scalia’s death. A decision overturning Abood could weaken unions financially and politically. Read more here.
Bloomberg reports that Uber terminated more than 20 employees following an investigation by the law firm Perkins Coie into reports of harassment and discrimination at the ride-sharing company. Perkins Coie was hired along with the D.C. firm Covington & Burling to examine Uber’s workplace culture. Perkins Coie examined 215 workplace claims but did not act in response to 100 of these human resource complaints. Read more here.
Lyft also made the news this week. The ride-sharing company announced a deal with NuTonomy Inc. The two companies will work together to test self-driving cars in Boston. Lyft has also partnered with Waymo and General Motors Co. in the race to put self-driving cars on the road. Read more here.
The New York Times reports that the Trump Administration has moved to undercut several workplace safety initiatives. These actions signal a shift in the direction of the Occupational Safety and Health Administration (OSHA) even though President Trump has yet to put forth a nominee to lead OSHA. The Trump Administration has suggested changes to the beryllium rule, which was updated under the Obama Administration. These changes might exclude some important industries from coverage. The Trump Administration has also delayed enforcement of the silica rule and a rule mandating that employers report their violations so that they may be made publicly available online. Furthermore, Trump’s budget indicates the Administration’s suspicion of workplace safety programs by proposing getting rid of the Chemical Safety Board and cutting a grant program which educates workers with limited English proficiency on safety hazards in especially dangerous industries.
Daily News & Commentary
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April 18
Disneyland performers file petition for unionization and union elections begin at Volkswagen plant in Tennessee.
April 18
In today’s Tech@Work, a regulation-of-algorithms-in-hiring blitz: Mass. AG issues advisory clarifying how state laws apply to AI decisionmaking tools; and British union TUC launches campaign for new law to regulate the use of AI at work.
April 17
Southern governors oppose UAW organizing in their states; Florida bans local heat protections for workers; Google employees occupy company offices to protest contracts with the Israeli government
April 16
EEOC publishes final regulation implementing the Pregnant Workers Fairness Act, Volkswagen workers in Tennessee gear up for a union election, and the First Circuit revives the Whole Foods case over BLM masks.
April 15
The Supreme Court ruled in favor of bakery delivery drivers in an exemption from mandatory arbitration case; A Teamsters Local ends its 18-month strike by accepting settlement payments and agreeing to dissolve
April 14
SAG-AFTRA wins AI protections; DeSantis signs Florida bill preempting local employment regulation; NLRB judge says Whole Foods subpoenas violate federal labor law.