Mackenzie Bouverat is a student at Harvard Law School.
The Department of Labor has issued a new rule reinterpreting the Families First Coronavirus Response Act, which Congress passed in March as part of its coronavirus stimulus measures. Their initial interpretation of the rule–which a Federal judge overruled due to its overbreadth–excluded all workers all types of employees at any health-care facility from the federal paid leave program, which required all employers with fewer than 500 workers provide at least two weeks of paid sick leave to employees affected by the virus and, up to 10 weeks of partially paid family leave for working parents to care for children whose school or day care is closed due to Covid-19. The new interpretation now excludes healthcare workers who are physicians or and those who make medical diagnoses.
The Ninth Circuit has granted partial review of a Louisiana-based financial adviser’s 2017 allegation that she was fired from her job at REJ Properties Inc. in retaliation reporting gender-based bullying she endured at the hands of co-workers was well-plead. In addition to retaliation, her complaint alleged disparate pay, hostile work environment, and breach of contract claims. The court allowed the case to proceed due to a genuine issue of material fact surrounding her harassment claims, holding that a a reasonable factfinder could infer that REJ’s proffered reason for firing her was a pretext for unlawful retaliation against her.
Darmody Enterprises L.T.D. – owner and operator of McDonald’s restaurants in Idaho – has paid $50,000 in civil penalties for their violation of child labor requirements of the Fair Labor Standards Act (FLSA) at 11 locations across Boise, Meridian, and Nampa. The franchises violated child labor requirements at 11 restaurants by allowed 14- and 15-year-old employees to work more than 3 hours during school days; past 7 p.m. during school days; past 9 p.m. from June 1 through Labor Day; more than 8 hours per day on non-school days; and to operate manual fryer baskets, also a violation. Finally, one of the franchises failed to maintain accurate proof of age of one minor employee, in violation of the FLSA.
In partnership with a local food bank, the World Wildlife Fund is piloting a program, called Second Helping, which aims to reduce food waste and help gig-workers, farmers, and food banks. The program recruits inexperienced participants through online job boards, and does not require background checks. They received training from farmers on-site. Shifts lasted two hours each and participants earned between US$20-40 an hour at US$0.15 per pound, which is the typical rate for tomato picking. When questioned about concerns about worker protection, liability, and fair treatment, a WWF representative alleged that they would not continue to work in the farm labor sector without guarantees of worker protection.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]