William Greenlaw is a student at Harvard Law School.
The United Auto Workers achieved victory yesterday after ending a month-long strike at John Deere, the farm and construction equipment manufacturer. In a statement, the UAW said, “UAW John Deere members did not just unite themselves, they seemed to unite the nation in a struggle for fairness in the workplace. We could not be more proud of these UAW members and their families.” The new contract provides at least 10 percent raises, an $8,500 ratification bonus, raises of 5 percent in 2023 and 2025, and “tweaks to how Deere calculates bonuses for workers who meet production targets.” Upon ratification, workers returned to their shifts starting with the late shift Wednesday evening. John C. May, chairman and chief executive, said in a statement, “I’m pleased our highly skilled employees are back to work, building and supporting the industry-leading products which make our customers more profitable and sustainable.”
The Equal Employment Opportunity Commission released a new guidance yesterday describing how workplace retaliation tied to coronavirus is prohibited under general anti-retaliation provisions. The EEOC, Department of Labor, and National Labor Relations Board hosted a virtual event with employers to discuss the importance of these anti-retaliation protections. Retaliation includes any negative action in response to protected equal employment opportunity activity, which includes actions such as denying promotions, suspending employees, or making work-related threats. The EEOC provided specific examples of retaliation incidental to the pandemic, including, “Retaliation against a worker who reports sexually harassing comments during a virtual work meeting;” “Retaliation against an Asian American employee who reports someone for accusing Asian people of spreading Covid-19;” and “Retaliation against an employee for requesting telework as a disability accommodation after an office reopens.” Employees nonetheless can still enforce Covid-19 health and safety protocols even after protected activity like an accommodation request.
Enhanced fines for labor law violations remain in the House Democrats’ plans for their tax and spending bill. The fines are estimated to generate $2.76 billion in revenue during a 10-year period. The way the bill would work is by levying new, more severe penalties on conduct already prohibited by the Fair Labor Standards Act, including child labor and illegal overtime practices. The bill would also add penalties to enterprises who break the laws enforced by the Occupational Safety and Health Administration.
Daily News & Commentary
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June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.
June 15
ICE holds back on some work site raids as unions mobilize; a Maryland judge approves a $400M settlement for poultry processing workers in an antitrust case; and an OMB directive pushes federal agencies to use union PLAs.
June 13
Termination of grants promoting labor standards abroad at the District Court; Supreme Court agrees to hear case about forced labor; more states pass legislation to benefit striking workers
June 12
An administrative law judge holds that Yapp USA violated the NLRA; oral arguments for two labor cases before the Eighth Circuit.
June 11
DOJ charges David Huerta; unions clash with the administration on immigration; general counsel says Humphrey's Executor doesn't apply to the NLRB.
June 9
Budget proposes elimination of LSC; Colgate settles lawsuit with pensioners; and state and local officials braces for hurricane season following FEMA cuts.