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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October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.