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 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.