The Huffington Post published a long-form article on Amazon’s use of temp workers at its shipping facilities. The piece detailed the on-the-job death of a temp worker employed by a placement agency struggling to earn a spot as a full-time Amazon employee. Among the practices called into question was the company’s policy of having workers notify on-staff medical workers before calling 911–a delay that might have dire consequences–as well as the highly competitive environment for temp workers who operated under physical strain of walking twelve miles each shift while picking up and moving boxes for shipment.
The Cleveland Plain Dealer reported on the Republican plan to roll back some of the Obama administration’s labor and employment reforms through government funding bills. The list of targeted reforms includes the NLRB’s Browning-Ferris decision, which provides an avenue to hold joint employers liable for their contractors’ labor violations, an OSHA rule limiting worker exposure to silica dust, and executive orders mandating that government contractors provide paid sick leave and pay workers at least $10.10 per hour. Despite this move, these measures are unlikely to become law since they would have to overcome a Democratic filibuster and potential veto..
An article in Politico highlighted criticism that Representative Paul Ryan’s demand for family in exchange for the House speakership stands in tension with his long opposition to paid parental leave. Judy Conti, federal advocacy coordinator at the National Employment Law Project, said, “Paul Ryan is rightly concerned about his job’s impact on his spouse and children, . . . Yet [he] isn’t willing to guarantee that all workers . . . have the necessary tools to balance their work and family obligations.” Ryan has supported legislation that would allow employers to substitute overtime pay for compensatory time, where employers could substitute paid time off for time-and-a-half payments. Ellen Bravo, an advocate for paid leave and executive director of Family Values @ Work criticized Ryan, saying, ““Paul Ryan is talking about family time for fun, which we all want . . . but the bare minimum is to have family time when a family member is in need.” Bravo also criticized the compensatory-time policy as an “illusion” of paid time off because it requires employees to spend more time away from their families through mandatory overtime before they can be compensated time off.
The Second Circuit affirmed an NLRB decision that held that an employee’s complaints about the workplace posted to social media could constitute protected action under Section 7 of the NLRA. In the case, a sports bar fired two employees for posting and “liking” comments on Facebook that criticized the bar’s tax withholding practices. Even if the bar’s customers saw the comments and obscenities contained in the post, the court reasoned that almost all social media posts “have at least some potential to be viewed by customers” and that strong language “accords with the reality of modern-day social media use.”
Daily News & Commentary
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December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.