Lauren Godles is a student at Harvard Law School.
The Pentagon is forcing thousands of soldiers deployed in Iraq and Afghanistan to repay enlistment bonuses granted to them a decade ago. The demands for repayment have surfaced in the wake of a 2011 audit of the California Guard that revealed “widespread overpayments” by officials struggling to meet enlistment quotas at the height of both wars. The soldiers’ bonuses often exceeded $15,000 and were mostly spent by those soldiers and their families years ago. Today, for many soldiers, the unexpected debt is causing severe financial hardship, including the necessity of choosing between paying the debt or buying food and diapers for their children. In 2014, the California National Guard tried but failed to obtain relief from Congress, asking for funds to cover the costs of the improper bonuses. However, as of this week, members of Congress from both parties have newly called for a legislative solution and an end to the collections by the Pentagon.
Yesterday the White House issued a statement urging states to ban non-compete agreements. The Obama administration noted that such agreements are particularly unjust for low-wage workers, who do not pose a risk to company secrets, nor are they likely to lure clients away when changing jobs. Vice President Joe Biden weighed in on his opposition to non-competes, stating that workers “can’t reach their true potential without freedom to negotiate for a higher wage with a new company, or to find another job after they’ve been laid off.” Almost all states, with the notable exception of California, currently allow non-competes. But California successfully relies on employee non-disclosure and non-solicitation clauses to protect trade secrets. It is possible other states will follow suit in the wake of the infamous Jimmy John’s settlement this summer and the increased political pressure from the Administration.
Lastly, corporate wellness programs are facing a new hurdle—this time in the form of an AARP lawsuit against the EEOC for its regulations of these programs. In May 2016, the EEOC issued new rules, stating that employers could set incentives for participating in a wellness program as high as 30% of workers’ annual health care coverage costs. However, in order to receive the bonuses or incentive pay, many of these programs require employees to turn over personal, medical, and biometric information to their employers. Critics of the programs, including the AARP, argue that this exchange of information violates anti-discrimination laws, specifically the ADA and GINA (Genetic Information Nondiscrimination Act). The AARP is seeking a preliminary injunction to prevent the EEOC rules from going into effect in 2017.
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August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."
August 10
NLRB Acting GC issues new guidance on ULPs, Trump EO on alternative assets in401(k)s, and a vetoed Wisconsin bill on rideshare driver status
August 8
DHS asks Supreme Court to lift racial-profiling ban; University of California's policy against hiring undocumented students found to violate state law; and UC Berkeley launches database about collective bargaining and workplace technology.
August 7
VA terminates most union contracts; attempts to invalidate Michigan’s laws granting home care workers union rights; a district judge dismisses grocery chain’s lawsuit against UFCW