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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August 24
Boeing engineers and technicians reject contract proposals and authorize a strike; Ninth Circuit holds that unions charged under 8(b)(4)(D) cannot invoke the work-preservation defense to disregard 10(k) determination.
August 23
Hyundai Motors workers launch full-day strike; federal judge rules in favor of Vermont dairy plant in closure dispute
August 21
Tyson workers respond to abrupt plant shutdown; DOL ends its power to police federal contractor bias.
August 20
Unions sue the government over new visa rule; Judge declines to dismiss former Amazon worker's suit.
August 19
NLRB swears in third Trump-appointed Member; Teamster file complaint against Amazon in New York; unions and college students sue Trump admin for international student immigration restrictions
August 18
New Trump administration rules will remove the Merit Systems Protection Board's independence; a CFPB union leader suspended alleges retaliation; the National Treasury Employees Union requires its members to pay dues as it battles to stay financially afloat.