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.”
Daily News & Commentary
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March 27
“Cesar Chavez Day” renamed “Farmworkers Day” in California after investigation finds Chavez engaged in rampant sexual abuse.
March 26
Supreme Court hears oral argument in an FAA case; NLRB rules that Cemex does not impose an enforceable deadline for requesting an election; DOL proposes raising wage standards for H-1B workers.
March 25
UPS rescinded its driver buyout program; California court dismissed a whistleblower retaliation suit against Meta; EEOC announced $15 million settlement to resolve vaccine-related religious discrimination case.
March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.