
Courtney Brunson is a student at Harvard Law School and member of the Harvard Legal Aid Bureau.
Bloomberg News reported today that the Equal Employment and Opportunity Commission (EEOC) is limiting the power of its General Counsel in deciding what types of discrimination suits it can bring against employers. One of these changes includes the creation of communication channels that members of the General Counsel Office must use to consult the Chair regarding the appropriateness of pursuing certain cases. Another revision is the enactment of a commission vote that must be held when the Office’s stance might be contrary to the precedent of the Circuit where the case is filed. This decision was foreshadowed by a withdrawn vote by EEOC commissioners on July 19 to reclaim these rights altogether. The new framework was approved following votes of support made by Republican EEOC Chair Janet Dhillon and GOP Commissioner Victoria Lipnic. Democratic Commissioner Charlotte Burrows voted in opposition.
The latest labor news in the 2020 Democratic Presidential Primary Campaign includes the rollback of alleged job promises made by former Mayor Michael Bloomberg. According to the New York Times, Bloomberg’s campaign promise of job security for at-will employees through the general election has fallen short. In a series of conference calls, staffers in some battleground states have been informed that they will no longer be employed by the campaign and will only be paid through the end of this month. The staffers were told, however, that they could keep their laptops and phones, though they would have to pay taxes on them.
The National Labor Relations Board Professional Association (NLRBPA), the union representing attorneys at the National Labor Relations Board (NLRB), has stated that representatives of the Trump administration are seeking to remove non-discriminatory language around LGBTQ, race, sex, and religion from their union contracts in the Administration’s collective bargaining negotiations. NLRBPA members have stated that White House representatives are arguing that the language is duplicative and already covered by statute or the purview of the Equal Employment and Opportunity Commission (EEOC).
Following up on the posts from fellow OnLabor commentator Ryan Gorman here and here, two PhD candidates from University of California Santa Cruz wrote in the Washington Post about their uniquely high personal costs associated with striking for fair wages. As the same time as they are expecting their first child, they are balancing teaching, completing their research, writing their dissertations, and struggling to cover their other living costs. As of late week, the University fired more than 80 of their graduate student workers, including one of the writers. The striking student workers are demanding a cost-of-living increase from the administration. When the administration responded with a $2,500 additional annual stipend, campus activists argued that the stipend neither applied to all graduate student workers nor addressed reality of high housing costs. On February 10, student workers protested in response by picketing and cancelling classes. The authors, alongside the other graduate student workers, are continuing to fight against worker exploitation and for a living wage.
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.