
Swap Agrawal is a student at Harvard Law School.
In this weekend’s news and commentary, a formerly incarcerated individual sues Amazon due to illegal background checks, and Starbucks workers at a Boston location declare victory after 64 days of striking.
On September 22, Mr. Lerma, a formerly incarcerated individual, filed a class action lawsuit against Amazon and Accurate Background claiming that the companies illegally used a California sex offender website to conduct background checks on job applicants. Mr. Lerma was offered a job at an Amazon Fresh grocery store in March, but the company reneged after its background check provider, Accurate Background, reported that he had been convicted of felony sex offenses. According to the state Megan’s Law website, named for the 1996 federal law that established it, Mr. Lerma was convicted of rape nearly a decade ago. However, Megan’s Law prohibits employers from denying jobs to applicants on the basis of their record unless they do so “to protect a person at risk.” A different California law bars reporting agencies from providing employers with criminal records that are more than seven years old. This lawsuit demonstrates that formerly incarcerated people still face massive obstacles to finding stable employment upon their release. The Prison Policy Initiative estimates that 60% of formerly incarcerated people are still jobless today despite the tight labor market and criminal justice reforms. Moreover, lack of stable employment often results in the reincarceration of individuals under criminal supervision, as employment is a ubiquitous condition of probation and parole.
On September 21, Starbucks workers who were on strike at a Boston store declared victory after 64 days of around-the-clock picketing. Boston workers say the company retaliated against them after their successful union election in June by mandating that all employees meet a minimum number of work hours per week, effectively forcing out workers who could not meet the new schedule requirements. Other union organizers have made similar allegations against Starbucks. Jaz Brisack, a barista who helped lead the first successful Starbucks unionization drive at a store in Buffalo, New York, shared earlier this month that the company forced her to quit by imposing arbitrary minimum hour requirements. “The same thing happened in Boston: management makes up a new policy, applies it to workers there in retaliation for their union activity and never actually puts that policy into writing anywhere,” Ian Hayes, an attorney representing the striking Boston workers, told GBH News. Meanwhile, Starbucks denies that it ever implemented the hourly minimum policy at unionized locations and maintains that it made any concessions to the Boston workers. “Legally we are not allowed to change conditions of employment without bargaining,” Starbucks spokesperson Reggie Borges said. “The partners at this location are returning to work under the same conditions at the same time that they went on strike.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH
July 11
Regional director orders election without Board quorum; 9th Circuit pauses injunction on Executive Order; Driverless car legislation in Massachusetts
July 10
Wisconsin Supreme Court holds UW Health nurses are not covered by Wisconsin’s Labor Peace Act; a district judge denies the request to stay an injunction pending appeal; the NFLPA appeals an arbitration decision.
July 9
the Supreme Court allows Trump to proceed with mass firings; Secretary of Agriculture suggests Medicaid recipients replace deported migrant farmworkers; DHS ends TPS for Nicaragua and Honduras
July 8
In today’s news and commentary, Apple wins at the Fifth Circuit against the NLRB, Florida enacts a noncompete-friendly law, and complications with the No Tax on Tips in the Big Beautiful Bill. Apple won an appeal overturning a National Labor Relations Board (NLRB) decision that the company violated labor law by coercively questioning an employee […]