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.”
Daily News & Commentary
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March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.