Mackenzie Bouverat is a student at Harvard Law School.
President Trump announced Saturday his intention to nominate federal appeals court Judge Amy Coney Barrett to the Supreme Court. Barrett likens her judicial philosophy to that of the late Antonin Scalia, a notorious labor antagonist. Indeed, the solidification of the conservative majority on the high court is expected to result in considerable losses for organized labor in this country. And her record as an appeals judge supports such a prediction: for example, Jacobin has delved into Barrett’s record on labor issues: the magazine reports that in In Wallace v. Grubhub Holdings, Inc., Barrett held that a group of delivery drivers who accused Grubhub of failing to pay overtime were required to pursue those claims in binding arbitration, rather than in Federal court. Asserting that the drivers were not a class of workers who typically engage in interstate commerce, Barrett concluded that they were not protected by an exemption for transportation workers under the Federal Arbitration Act. The New York Times notes that Barrett has also joined rulings dismissing a case in which the Equal Employment Opportunity Commission objected to a company practice which allegedly assigned workers to particular geographic locations based on race and ethnicity and which restrict the scope of laws prohibiting age discrimination.
The Little Rock Education Association has notified the Little Rock School District that teachers won’t report to work in classrooms Monday, according to a press release issued by the district this Sunday. The press release also insisted that in-person classes will continue: “As we have stated previously, we understand that our parents need our schools to be open and we are committed to doing everything we can to avoid disruption to the learning environment.” School officials have warned of potential disciplinary action for employees who do not report to work in-person.
Wal Mart has settled a companywide sex discrimination lawsuit filed filed by the Equal Employment Opportunity Commission for $20 million. At issue was Walmart’s requirement that applicants pass a physical agility test when applying to be an “order filler” at its grocery distribution centers. The EEOC alleged that, because the disproportionately excluded female applicants, it resulted in a disparate impact on women. To prevail in the lawsuit, Wal Mart would have had to demonstrate that the successful performance on this pre-employment test is necessary to satisfy the requirements of the specific job, and that there are not alternative non-discriminatory practices that could ensure adequate performance. Wal Mart has also agreed to eliminate the testing requirement.
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September 4
Eighth Circuit avoids a challenge to Minnesota’s ban on captive audience meetings; ALJ finds that Starbucks violated the NLRA again; and a district court certifies a class of behavioral health workers pursuing wage claims.
September 3
Treasury releases draft list of tipped positions eligible for tax break; Texas court rules against Board's effort to transfer case to California; 9th Circuit rules against firefighters seeking religious exemption to COVID vaccine mandate.
September 2
AFT joins Target boycott, Hilton workers go on strike in Houston, and the Center for Labor & A Just Economy releases a new report
September 1
Labor Day! Workers over Billionaires protests; Nurses go on strike, Volkswagen ordered to pay damages.
August 31
California lawmakers and rideshare companies reach an agreement on collective bargaining legislation for drivers; six unions representing workers at American Airlines call for increased accountability from management; Massachusetts Teamsters continue the longest sanitation strike in decades.
August 29
Trump fires regulator in charge of reviewing railroad mergers; fired Fed Governor sues Trump asserting unlawful termination; and Trump attacks more federal sector unions.