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
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October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
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.