Jon Weinberg is a student at Harvard Law School.
While Uber attempts to discourage the unionization of drivers in Seattle, some drivers are challenging the municipal law giving drivers the right to organize. According to the Seattle Times, “the drivers are seeking a temporary restraining order barring the city from enforcing the law — the first of its kind in the country — saying it goes against federal labor and privacy laws, as well as violates their rights to free speech and association.” The lawsuit is being led by the National Right to Work Foundation and the Freedom Foundation. The drivers primarily argue that the National Labor Relations Act pre-empts the municipal law.
Another innovative municipal law has gone into effect, in San Jose, CA. The Mercury-News notes that ” San Jose businesses with 36 or more employees must now offer extra shifts to part-time workers before hiring new staff.” Under the Opportunity to Work measure, “companies must offer — in writing — extra work hours to existing qualified part-time employees. If those employees aren’t qualified or decline the extra hours, an employer can then hire additional workers to fill the shifts. The idea, advocates say, is to give existing workers access to extra hours to boost their paychecks.”
Muslim workers in Europe suffered a legal setback in seeking to assert their right to wear the hijab in the workplace. The Washington Post reports that “The European Court of Justice issued a non-binding ruling Tuesday that employers can prohibit the Muslim headscarf in the workplace, setting an important precedent for a continent in the midst of a fraught political climate.” The ECJ concluded that rules against the wearing of the hijab in the workplace were in fact rules against the visible wearing of religious signs, and thus not direct discrimination. Notably, “in the absence of official internal regulations prohibiting what employees can wear to work, the court suggested, Muslim women have a stronger case for wearing the hijab to the office.”
President Trump’s struggle with jobs data continues. FiveThirtyEight breaks down Trump’s unfounded attacks on jobs data and the danger of any resulting public distrust of government data. In summary, “there is a big difference…between arguing that the unemployment rate is a flawed measure and accusing the prior administration of data manipulation. The latter is an extraordinary claim requiring extraordinary evidence — something no one in the Trump administration has yet provided.”
Finally, the Harvard Business Review published a new article attributing Germany’s booming economy to the autonomy of wage bargaining inherent to Germany’s decentralized labor relations model.
Daily News & Commentary
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August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.