The Wall Street Journal reports that more employees are suing their employers under the Family and Medical Leave Act (FMLA), with the number of claims rising almost three-fold compared to the previous year. The law guarantees employees as many as 12 weeks of unpaid leave a year for family and medical reasons, and bars employers from retaliating against workers for taking it. Experts attribute the sharp rise in claims to workers growing more familiar with the protections offered by the law, and the lower standard of proof required by it (compared to other employment discrimination laws): workers need only show “that the employer somehow deterred him from taking a leave authorized under the act, or interrupted such a leave,” without needing to show the employer’s intent.
A federal district judge in California rejected a proposed settlement in a class action against Google, Apple, and other top tech companies as insufficient. The judge found that there was “ample evidence” of an “overarching conspiracy” between the companies of agreeing since the 1980s not to poach one another’s employees. In taking a step closer to trial, the judge’s order resuscitates what the New York Times calls a public-relations nightmare for the tech companies.
A Wall Street Journal editorial is critical of President Obama’s recently signed executive order, which requires contractors and subcontractors receiving more than $500,000 in federal money to report any labor law violations going back three years. The article thinks that this measure will drastically increase the pressure on these companies to reach settlements when charges are filed against them, since companies would not only have to worry about judgments declared against them but also the loss of vast sums of contract money.
In immigration news, a New York Times editorial argues that President Obama would be acting well within his executive authority if he implements selected protections from deportation for certain groups of immigrants later this summer.
The New York Times reports that that American trucking industry is in desperate need of new truck drivers. The unemployment rate suggests that drivers are out there, and drivers are compensated well compared to other jobs not requiring advanced education. While the article suggests that raising wages would increase the supply of new drivers, it contends that “corporate America has become so parsimonious about paying workers outside the executive suite that meaningful wage increases may seem an unacceptable affront.”
Daily News & Commentary
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March 16
Starbucks' union negotiations are resurrected; jobs data is released.
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.