According to Politico, the NLRB has prohibited McDonald’s from subpoenaing various contractors hired by SEIU as part of its Fight for $15 campaign. McDonald’s had planned to point to communications between SEIU and BerlinRosen, a progressive communications firm, to show that the Fight for $15 is, at least in part, aimed at tarnishing McDonald’s national brand. In McDonald’s view, this would be relevant to showing that greater control over franchisees was justified in the name of brand protection and thus not indicative of a joint employment situation. This Thursday, the NLRB disagreed, rejecting the subpoena request as irrelevant to McDonald’s defense.
The Wall Street Journal reports that initial unemployment claims filed last week totalled a seasonally-adjusted 265,000. Although a slight increase from the week before, the level of jobless claims has remained below 300,000 for the 54th straight week, which constitutes “the longest such streak since 1973” and indicates a healthy jobs market.
Politico tackles the question that President Obama’s recent Supreme Court nomination has everyone wondering – “Should Labor Love Merrick Garland?” Although Garland has shown little receptivity to the use of first amendment arguments to challenge agency regulations, his practice of deferring to the NLRB’s decisions have typically benefitted unions. For OnLabor’s analysis of Garland’s labor positions, see here.
Daily News & Commentary
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January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions
January 9
TPS cancellation litigation updates; NFL appeals Second Circuit decision to SCOTUS; EEOC wins retaliation claim; Mamdani taps seasoned worker advocates to join him.