Jon Weinberg is a student at Harvard Law School.
As the debate over the proposed settlement in O’Connor v. Uber continues, some advocates have focused on how deference to arbitration agreements is a fundamental problem. Katherine V.W. Stone writes for the Economic Policy Institute that “it is now more clear than ever that everyone who cares about employment rights and the fair treatment of workers should support federal legislation to end mandatory arbitration in employment and put workers and corporations on a more equal footing.” Stone reviews the Uber litigation in the context of developments with respect to arbitration, and concludes that ” Uber’s use of arbitration clauses could effectively wipe out all the class actions brought by drivers in all 50 states. Even if some judges adopt Judge Chen’s reasoning and invalidate the 2013 and 2014 arbitration agreements, Uber can and will modify their arbitration agreements to address any issues a court finds problematic going forward and require as a condition of continued employment that its drivers agree to give them retroactive application.”
The Verizon strike has entered its second month, and it’s clear Verizon has heard the strike’s effects. CNN Money reports that Verizon shares have lost 5% of their value since the strike began, while Motherboard notes that Verizon is urgently seeking temporary replacement workers to perform necessary work.
Unions continue to wrestle with the appeal of presumptive Republican presidential nominee Donald Trump to their constituencies. According to USA Today, the AFL-CIO is launching a major anti-Trump campaign in Rust Belt states in the coming weeks which “will include digital ad buys, door knocking and phone banking and is expected to reach between 5 million and 6 million voters in key swing states.” Meanwhile, Bloomberg investigates differing union positions on the Democratic primary and how “the split amid an unexpectedly contentious Democratic primary season has exposed contrasting agendas in organized labor. Trade unionists are exercised by international deals, which they blame for the loss of hundreds of thousands of manufacturing jobs. Service workers less affected by globalization advocate collective-bargaining rights and wage protection.”
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October 23
Ninth Circuit reaffirms Thryv remedies; unions oppose Elon Musk pay package; more federal workers protected from shutdown-related layoffs.
October 22
Broadway actors and producers reach a tentative labor agreement; workers at four major concert venues in Washington D.C. launch efforts to unionize; and Walmart pauses offers to job candidates requiring H-1B visas.
October 21
Some workers are exempt from Trump’s new $100,000 H1-B visa fee; Amazon driver alleges the EEOC violated mandate by dropping a disparate-impact investigation; Eighth Circuit revived bank employee’s First Amendment retaliation claims over school mask-mandate.
October 20
Supreme Court won't review SpaceX decision, courts uphold worker-friendly interpretation of EFAA, EEOC focuses on opioid-related discrimination.
October 19
DOL issues a new wage rule for H-2A workers, Gov. Newsom vetoes a bill that regulates employers’ use of AI, and Broadway workers and management reach a tentative deal
October 17
Third Circuit denies DOL's en banc rehearing request; Washington AG proposes legislation to protect immigrant workers; UAW files suit challenging government surveillance of non-citizen speech