Anita Alem is a student at Harvard Law School.
On Wednesday, the Supreme Court heard oral argument regarding whether a worker who has signed a private arbitration agreement, under which all legal disputes must be handled outside of court, may sue their employer in court under a California labor law that permits private people to bring a public enforcement action. The law, called the Private Attorneys General Act, authorizes private individuals to sue employers for California labor code violations; if the lawsuit is successful, the damages are split with the state. The Court considered whether the California labor law is preempted by the Federal Arbitration Act (FAA), a 1925 law that the Court has interpreted broadly over the past several decades. Viking River Cruises was the second FAA case the Supreme Court heard this week, after Monday’s oral argument in Saxon regarding what class of workers are exempted from the FAA as interstate employees, as Tala reported on Tuesday.
The Bessemer, Alabama Amazon warehouse union election, which ran via mail from February 4 to March 25, had only 39% turnout according to the Retail, Wholesale, and Department Store Union (RWDSU). The election is the second attempt in the Bessemer warehouse. As Jon Levitan reported last November, the NLRB determined Amazon interfered within the previous election, which had 55% turnout, in part because Amazon installed a mailbox to intimidate workers into thinking the company would have access to union ballots. Ballot counting in this election will begin as early as Thursday.
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.