William Greenlaw is a student at Harvard Law School.
Labor disputes with Amazon continued this week, this time with New York State filing a complaint against Amazon accusing the e-commerce giant of discriminating against pregnant workers and workers with disabilities. New York’s Division of Human Rights filed a complain alleging that instead of accommodations, the company forces them to take unpaid leaves of absence. The New York agency listed instances of situations where the company failed to accommodate these workers as well. For example, one pregnant worker received an accommodation not to lift anything over 25 pounds, but a manager refused to honor the accommodation, so she was forced to keep lifting. Worse, she then became injured at work and instead of agreeing to additional accommodations, Amazon simply forced her on unpaid leave. The State alleges this conduct violates New York’s human rights law and demands Amazon “pay civil fines and penalties to the State of New York” and stop the discriminatory conduct.
The United States’ Trade Representative, Katherine Tai, announced that the U.S. will be asking Mexico to review whether management at the Panasonic Automotive Systems de Mexico facility are violating workers rights. The plant, located in Reynosa, State of Tamaulipas, is accused of denying their workers the right to the freedom of association and collective bargaining. This is the third time this year the U.S. has made such a request to Mexico under various bilateral trade agreements, known as the Rapid Response Labor Mechanism. Trade Representative Tai stated, “[W]hen concerns arise, we will work swiftly to stand up for workers on both sides of the border. . . . Along with Secretary Marty Walsh and his team at the Department of Labor, we have worked closely with the Mexican government to address Rapid Response Labor Mechanism matters quickly, and I look forward to doing the same on this issue as well.”
Instacart lost its bid this week to forced claims made by the San Diego City Attorney into arbitration. San Diego has sued Instacart alleging that it intentionally misclassifies workers as independent contractors. Instacart argued in state court that the City is no different from individual plaintiffs under the State of California’s Private Attorneys General Act. The judge agreed in part, and came to a different conclusion. Instead, that commonality meant that arbitration cannot be compelled because lawsuits deriving from that statute are closer to suits between the employer and the state, note the employer and the employee. Hence arbitration could not be compelled. The judge wrote, “The [Federal Arbitration Act] does not require courts to expand the contours of the agreement to compel non-parties, here the government, to arbitration.”
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February 19
Union membership increases slightly; Washington farmworker bill fails to make it out of committee; and unions in Argentina are on strike protesting President Milei’s labor reform bill.
February 18
A ruling against forced labor in CO prisons; business coalition lacks standing to challenge captive audience ban; labor unions to participate in rent strike in MN
February 17
San Francisco teachers’ strike ends; EEOC releases new guidance on telework; NFL must litigate discrimination and retaliation claims.
February 16
BLS releases jobs data; ILO hosts conference on child labor.
February 15
The Office of Personnel Management directs federal agencies to terminate their collective bargaining agreements, and Indian farmworkers engage in a one-day strike to protest a trade deal with the United States.
February 13
Sex workers in Nevada fight to become the nation’s first to unionize; industry groups push NLRB to establish a more business-friendly test for independent contractor status; and UFCW launches an anti-AI price setting in grocery store campaign.