As the Supreme Court prepares to hear the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young today, David Freeman Engstrom penned an op-ed in the New York Times arguing for workplace class actions. He noted that as union membership and regulatory action have declined, litigation is the last remaining leveler for workers. Moreover, because individual workplace disputes often involve only small amounts of money, they are not viable unless they are aggregated.
The Los Angeles Times reported that California’s government was targeting Tesla in legislation passed earlier this month, which threatened to withhold rebates on electric vehicles unless their manufacturers were certified “as being fair and responsible in the treatment of their workers.” Although the legislation applies to all electric vehicle manufacturers, Tesla appeared to be the primary target due to its ongoing unionization battle with the UAW.
Recently, 17 Mexican workers reached a settlement with their employer, Larson Fruit. The guest workers, who are an important part of the labor force in Washington’s apple orchards, successfully reached resolution to their six-day strike, and their employer will now “address complaints ranging from a scarcity of toilet paper to verbal abuse from a supervisor.” The Seattle Times called the strike “a rare flexing of bargaining muscle by an increasingly important part of the apple-industry labor force: Foreign guest workers who come to the U.S. under temporary H-2A visas and generally have been reluctant to protest for fear of being sent back home.”
As self-employed work forces and nontraditional work contracts flourish, Europe is using a variety of measures to push for tougher protections. The New York Times reported that, across the continent, government entities ranging from city agencies to the European Commission are pursuing regulation, while individuals are pursuing claims in court.
Daily News & Commentary
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September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.