Deanna Krokos is a student at Harvard Law School
This week, Eater published the account of Miriam Wojtas, a bartender working in Seattle during the covid-19 pandemic. Grounded in the bartender’s experience, the piece contextualizes and reifies some of the most pressing concerns about the pandemic. Miriam took the job after being laid off from another food-service position at the height of Seattle’s outbreak, in response to the unpredictable, unresponsive, and unbelievably slow unemployment insurance process. The bar’s owner, after facing months of lock-down and a major disruption in cash-flow, sought less-experienced workers less likely to ask for fair wages or point out health and safety risks. Wojtas describes working in a packed bar without the necessary gloves, soap, and sanitizer necessary to even pretend the infection risk was abated. Though she issued an anonymous report to the county health department, after being discouraged by OSHA’s less-than-clear website, Wojtas ultimately quit the job to protect herself.
The piece highlights the issue of worker voice during a pandemic, and how front-line workers most likely to notice safety risks are the least empowered to remedy them. For more on this, see the Clean Slate Project’s recent report, “Worker Power and Voice in the Pandemic Response.”
This week, Google’s parent company Alphabet entered into a settlement committing $310 million to diversity and equity initiatives, ending forced arbitration of discrimination and harassment claims, limiting the company’s use of non-disclosure agreements, and promising other changes demanded by workers and labor unions. In 2018, 20,000 workers walked out to protest a toxic workplace culture and management’s mishandling of employee complaints laid bare by executive Andy Rubin’s $90 million exit package, awarded although he faced serious sexual harassment claims. Importantly, these worker concerns were taken up and represented by Alphabet shareholders, Northern California Pipe Trades Pension Plan and Teamsters Local 272 Labor Management Pension Fund, who brought Alphabet to court for breaching a fiduciary duty by tolerating this “culture of concealment.” Alphabet announced that some key reforms, including the authority granted to an independent audit board, will extend beyond Google to 11 subsidiary companies like Verily and Waymo.
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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
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.