The New York Times takes a closer look at nationwide efforts to organize farmworkers. In Vermont, the organization Migrant Justice has begun organizing the state’s 1,500 dairy workers, many of whom supply perhaps the state’s most famous corporate citizen: Ben & Jerry’s. “They have fair-trade coffee,” says a Migrant Justice spokesperson of the group’s initial focus on the ice cream manufacturer. “They have cage-free eggs. We think they can do more for dairy workers, too.” Notably, farm laborers are exempt from many federal and state labor laws, which means that workers like Arnulfo Ramirez — who supervises the milking of 240 cows per shift and and has taken only six days off during his four-and-a-half year stint in the industry — make less than minimum wage. The Times also discusses related efforts taking place in North Carolina (R.J. Reynolds), California (Costco), and Florida (McDonald’s, Walmart, Burger King, Whole Foods, and others).
Speaking of Vermont (and the nascent presidential campaign of its junior senator), Brian Mahoney of Politico reports that the AFL-CIO is cautioning its state and local leaders not to throw their support behind Bernie Sanders — at least not yet. In a recent memo obtained by Politico, AFL-CIO President Richard Trumka reminded its regional leadership of organizational bylaws prohibiting their endorsement of presidential candidates, including making informal statements that might indicate any sort of preference. This news comes shortly after the South Carolina and Vermont AFL-CIOs passed resolutions in support of Sanders, and just days after Larry Cohen, former head of the Communication Workers of America, officially endorsed Sanders in a Huffington Post op-ed.
Staying on the topic of presidential politics, Republican presidential hopeful Ted Cruz appeared on NBC’s Meet the Press this morning. On the topic of immigration reform, Cruz first took aim at the man whom he hopes to replace: “President Obama and the Democrats focus on that issue because the question you’re asking is the most divisive partisan question in this entire debate. And I don’t believe President Obama wants to solve this.” Likely mindful of the crowded Republican presidential field, Cruz then set his sights on members of his own party: “A lot of Republicans in the Washington cartel, they’re all for amnesty too because from the perspective of the chamber of commerce and Wall Street, it’s cheap labor.”
And finally, Harvard Law School Professor Noah Feldman has posted his take on Friedrichs on BloombergView. In contrast to OnLabor guest contributor Professor Catherine Fisk’s focus on Justice Scalia, Professor Feldman centers his attempt at reading the judicial tea leaves on the votes of Justice Kennedy and Chief Justice Roberts. Drawing from the Court’s campaign finance decisions, Professor Feldman contends that the “engine” for the Roberts Court’s “transformation” of campaign finance — as exemplified by its decision in Citizens United — has been “the First Amendment as interpreted by Kennedy, the closest thing to a free-speech absolutist on the current court.” In other words, chalk one up for the petitioners. Chief Justice Roberts, on the other hand, has “at least showed consistency in his judicial restraint by preserving the ACA and opposing gay marriage.” However, “[t]he lesson of campaign finance is that Roberts hates to overturn famous compromise cases, which produces headlines of nonrestraint, but he doesn’t at all mind killing legal regimes using surgical strikes.” Accordingly, Professor Feldman surmises that Chief Justice Roberts may try to “distinguish Abood to death rather than killing it outright.”
Daily News & Commentary
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers