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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March 1
The NLRB officially rescinds the Biden-era standard for determining joint-employer status; the DOL proposes a rule that would rescind the Biden-era standard for determining independent contractor status; and Walmart pays $100 million for deceiving delivery drivers regarding wages and tips.
February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]