Jon Weinberg is a student at Harvard Law School.
Last night’s presidential debate between Hillary Clinton and Donald J. Trump featured discussions of jobs, labor and other topics related to labor and employment law. CNN has a general summary, while Lexology published a summary for employers. The Detroit Free Press reports on how how the United Auto Workers and Ford fact-checked Mr. Trump on jobs-related claims in real time via Twitter.
The U.S. Department of Labor is bringing suit against one major American employer, and conducting a comprehensive investigation into the practices of another. First, in a move that will affect discussions of diversity in Silicon Valley, The New York Times reports that the DOL “sued Palantir Technologies, a prominent data analytics start-up, claiming systemic discrimination against Asian job applicants.” The DOL “claimed that Palantir’s hiring processes for software engineering positions placed Asians at a disadvantage. Qualified Asian candidates were routinely eliminated during the résumé screening and telephone interview process, the government said. The company also relied on an employee referral system that favored non-Asian candidates.” Second, Reuters notes that “Secretary Thomas Perez on Monday pledged to conduct a ‘top-to-bottom’ review of all cases, complaints and other alleged violations that the department has received concerning Wells Fargo in recent years.” NPR notes that some former Wells Fargo employees have brought a class action lawsuit, alleging they were punished for not breaking the law. Wells Fargo is facing fallout from the “creation of millions of secret, unauthorized bank accounts.”
The legal battle over representation of workers at Volkswagen’s Chattanooga plant continues. According to a Reuters report in Fortune, Volkswagen “earlier this month brought a case in a Washington, D.C.-based federal appeals court seeking to overturn a vote by a group of skilled trade workers at its Chattanooga, Tennessee, assembly plant to join the United Auto Workers (UAW).” Last year, skill maintenance workers at the plant voted to unionize, but Volkswagen now claims that the standard for unions organize smaller groups of workers within plants or companies is vague and difficult to apply. Every appeals court to consider the issue has upheld the NLRB’s rule. Notably, “nearly a dozen labor lawyers, union officials and legal experts told Reuters that Volkswagen is likely to lose its closely-watched case in light of the recent appeals court decisions.”
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October 9
Equity and the Broadway League resume talks amid a looming strike; federal judge lets alcoholism ADA suit proceed; Philadelphia agrees to pay $40,000 to resolve a First Amendment retaliation case.
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