Maia Usui is a student at Harvard Law School.
Will mandatory arbitration survive its most recent challenge? Now that the Seventh Circuit has struck down a collective-action waiver in an employment agreement, creating a circuit split, the Supreme Court has an opportunity to weigh in on the issue. Commentators at Politico attempt to read the tea leaves, arguing that “[t]he new composition of the Supreme Court will likely determine whether the Seventh Circuit’s decision wins the day.” While an Obama or Clinton appointee will likely show deference to the NLRB, a Trump appointee — someone “closer in spirit to the late Antonin Scalia” — will probably stick to the Court’s recent pattern of favoring arbitration.
Strikes in France continue. Workers have taken to the streets in protest of the government’s proposed new labor law, which will loosen France’s worker protections in hopes of spurring economic growth. With the bill poised for debate before the Senate next month, unions have ramped up their protests. But their show of strength belies potential weakness, according to the New York Times. With membership on the decline — less than 8% of all French workers are unionized — and political fault lines emerging among their leadership, French unions now struggle not only for workers’ rights, but also for relevance. (Although the proposed bill is not entirely bad news for workers. The New Yorker reports on one of its more worker-friendly provisions, which grants employees the “right to disconnect” from work e-mail during “off” hours.)
Verizon might have reached a deal with its workers this week, but the effects of their recent strike won’t be forgotten any time soon. According to Bloomberg, the Verizon walkout pushed the number of striking U.S. workers to its highest in more than four years and could depress job numbers in the Department of Labor’s upcoming May report.
Meanwhile, farmers across the country are waiting for work visas to come through for their planters and pickers from across the border. NPR reports that the H-2A visa program is delayed for the third year in a row, putting the American farmers who depend on seasonal immigrant labor in a real bind. Immigration reform is much needed, but “not likely to take root anytime soon” in the current political climate.
And lastly, the debate continues on what a Trump presidency might mean for workers. When asked about his future vision for the Republican Party in an interview with Bloomberg last week, Trump responded: “You’re going to have a worker’s party. A party of people that haven’t had a real wage increase in 18 years, that are angry.” The Atlantic takes a stab at what a “Trumpist Workers’ Party Manifesto” might look like, noting that some aspects of Trump’s platform — like his support of strong infrastructure investment, and his commitment to social insurance programs — are reminiscent of the socialist movements of the twentieth century. Meanwhile, the Christian Science Monitor argues that the Republican Party is already a workers’ party — but only a white workers’ party. Minority workers remain a “solid Democratic constituency” and are unlikely to back Trump.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.