
Zachary Boullt is a student at Harvard Law School.
Missouri public employees’ unions continue to struggle against the governor’s office for collective bargaining. In 2018, former Governor Eric Greitens signed a law that gave meager raises in exchange for changing the states’ merit hiring system, effectively reclassifying state workers into at-will employees. Since then, current Governor Mike Parson, who was Greitens’s lieutenant governor, has allowed every single public sector union contract to expire. Last May, Cole County Circuit Judge Jon Beetem ruled that the merit law was unconstitutional and ordered the state to resume good faith bargaining with state unions and for state agencies to begin processing filed grievances that have not been answered during Governor Parson’s term. Now, Governor Parson’s administration has filed an appeal contesting the decision, further delaying any union negotiations. The state employees are principally represented by AFSCME, CWA Local 6355, and SEIU Local 1. Missouri state employees remain some of the lowest paid state employees in the nation, with noncompetitive pay forcing agencies to shut down facilities and services due to staffing problems.
In the wake of President Biden’s upcoming vaccine mandate, Florida Governor Ron DeSantis has threatened to fine local government employers $5,000 per vaccination they enforce. If DeSantis carried through with the threat, it would be the state Department of Health’s responsibility to enforce the rule beginning on September 16. However, the threat has not stopped some local governments in Florida from already imposing vaccine mandates for their employees. Firefighters in Pembroke Pines, City Hall workers in Weston, new applicants for city staff positions in Oakland Park, Plantation police and city employees, Delray Beach employees, Orange County employees, and some others are all currently subject to vaccine mandates. While DeSantis’s threat currently only applies to public employees, the governor’s office has stated that it is exploring ways to pressure private businesses not to impose mandates as well.
California’s state investigations into Activision Blizzard Inc. and Riot Games Inc. are being viewed as a referendum on the effectiveness of the state’s laws regarding nondisclosure agreements. Activision and Riot Games have been accused of using NDA agreements to hinder sexual harassment and discrimination investigations. California law prohibits overly broad gag orders, settlements, and other agreements from preventing workplace victims from speaking about workplace abuses, discrimination, and harassment claims. The state’s Department of Fair Employment and Housing believes that Activision Blizzard is using NDAs with severe penalties to mask a “frat boy” office culture. Meanwhile, the DFEH is attempting to compel Riot Games to produce copies of private NDA settlements with over 100 women who have alleged unequal pay or sexual harassment. The cases stand out for being unusually aggressive enforcement actions of the state’s NDA laws.
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.