Anita Alem is a student at Harvard Law School.
The Federal Trade Commission has cemented a Democratic majority among the commissioners, as the Senate confirmed Professor Alvaro Bedoya on Wednesday. The 51-50 vote, with a tiebreaker from Vice President Kamala Harris, signals a shift that will empower Chair Lina Khan to advance her policy agenda after months of 2-2 deadlock between commissioners. Although Bedoya was first nominated in September 2021, his confirmation process was repeatedly stalled. Republicans criticized Bedoya as unfit for a bipartisan position given his previous social media posts criticizing the Trump administration. The U.S. Chamber of Commerce, which in April repeatedly urged Congress to continue delaying Bedoya’s confirmation, has already released a statement warning that Bedoya’s confirmation will hamper economic growth.
Hearings continued regarding President Biden’s nominee to the Equal Employment Opportunity Commission, Kalpana Kotagal. Kotagal, who is an attorney at Cohen Milstein Sellers & Toll PLLC, responded to questions on Monday regarding her track record as a litigator and priorities for the EEOC. She expressed interest in addressing the gender pay gap and pregnancy discrimination if she were to receive the nomination. Kotagal is best known for designing the Hollywood “inclusion rider,” a contractual provision which mandates that film casts and crews must have a certain proportion of LGBT, women, and minorities.
Bloomberg Law reported that the number of investigators at the Department of Labor Wage and Hour Division has hit a 50-year low. Due in part to low morale, burnout, and frequent understaffing, 32 investigators have left over the past several months, despite the Division’s plan released in early 2022 to hire on 100 investigators. The total count of 725 investigators is down significantly from the approximately 1,000 investigators staffing the Division from 2010-2013. The attrition raises concerns regarding the agency’s ability to enforce critical employment laws, including the Fair Labor Standards Act (FLSA).
This week, several senators on the Committee on Health, Education, Labor & Pensions introduced the Wage Theft Prevention and Wage Recovery Act. The bill aims to deter wage theft and improve recovery under the FLSA, including by increasing damages for substantive violations and retaliation claims and enhancing transparency and recordkeeping requirements. The committee’s press release stated that employers are estimated to steal around $50 billion each year through wage theft, disproportionately affecting low-wage and tipped workers.
In other labor news, President Biden delivered remarks at the International Brotherhood of Electrical Workers’ 40th Annual Conference, where he shared the administration’s advances in infrastructure improvements and reaffirmed his commitment to being the most pro-union president in U.S. history. Biden also touched on healthcare policy and increasing taxes on billionaires.
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May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.