| | | | | |  | | By Olivia Olander and Nick Niedzwiadek | | | | | COVID RULE CHALLENGES: An Occupational Safety and Health Administration rule, aiming to make permanent emergency Covid-19 protections in health workplaces, might never come amid waning political interest, two people who have worked with the agency speculate. “I personally don’t think we’re going to see it,” Jordan Barab, former deputy assistant secretary for OSHA at the Labor Department under then-President Barack Obama, said of the rule. Barab added: “No one wants to talk about Covid anymore.” The final rule, for which unions including National Nurses United have pushed, was listed on the most recent regulatory calendar as scheduled for June. The other person who speculated skepticism on the rule did so on the condition they weren’t identified. Some amount of delay is typical in federal regulation. However, in this case, the ongoing delay might be a tactic to avoid the fuss of pulling the rule all together, Barab said. The rule also faced scrutiny from employer interests on procedure. The U.S. Chamber of Commerce, for example, argues the window has passed for converting the emergency temporary standard — on which the final rule would be based — into a permanent regulation. “If the agency decides that this still is such a priority, they need to go through the normal rulemaking process,” said Glenn Spencer, senior vice president of employment policy at the U.S. Chamber of Commerce. Barab said OSHA may be working on the more comprehensive infectious disease standard, the process for which launched during the 2009 H1N1 pandemic. Both he and David Michaels, who led OSHA under Obama, said implementing more broad infectious disease workplace protections would be preferable to a narrow rule on Covid in health care settings. “To protect society and keep the economy functioning, the country must take steps now to ensure workplaces are safe when the next pandemic hits,” Micheals said in an email. National Nurses United President Zenei Triunfo-Cortez said in a statement to POLITICO the union has told OSHA “an immediate Covid-19 standard is needed … but in the long term, we need a broader infectious disease standard as well.” The Labor Department didn’t respond to requests for comment. The department is expected to release several pending rules soon. GOOD MORNING. It’s Monday, July 24. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. It’s been 132 days since the Senate received Julie Su’s nomination. Are you an OSHA employee working on a Covid or infectious disease rule? Send feedback, tips, and exclusives to NNiedzwiadek@politico.com and OOlander@politico.com. Follow us on Twitter at @nickniedz and @oliviaolanderr.
| | | | A message from UPS: Want the latest updates on UPS-Teamsters negotiations? Learn more here. | | | | | HOUSE DEMS PUSH FORWARD ON CHILD LABOR: House Democrats are getting creative with how they’re calling attention to child labor abuses. Top Education and the Workforce Committee Democrat Bobby Scott (D-Va.), along with Sen. Bob Casey (D-Pa.) and Rep. Dan Kildee (D-Mich.) on Friday requested that the Government Accountability Office study the scope of child labor abuses and DOL’s capacity to address it. Kildee and Rep. Hillary Scholten (D-Mich.), both of whom introduced bills this session to raise child labor penalties, also last week launched a task force to address the issue with more than a dozen other House Democrats. Committee Chair Virginia Foxx (R-N.C.) has rebuffed a request for a hearing on the issue, punting it instead to the DOL. ICYMI: “Manchin and Sinema back to bedeviling Democrats,” from our Burgess Everett. SENATOR AGAINST SU IN WSJ OPINION PIECE: “Say No to Julie Su as Labor Secretary," by Sen. Ted Budd (R-N.C.) and Tyler Voigt.
| | | | A message from UPS:   | | | | | UNION JOE OH NO? President Joe Biden could be on the cusp of a tumultuous time with major unions, facing multiple major strikes and imperfect relationships with labor leaders, our Holly Otterbein and Zack Colman report. The players: United Auto Workers’ Shawn Fain, who’s criticized the administration for electric vehicle subsidies doled out without demands met for workers; UPS and Teamsters, who face a July 31 deadline to reach an agreement; and actors and writers grabbing national cultural attention for strikes in Hollywood. “Taken together, it is a profoundly difficult test for the president: whether to side with a constituency that’s been a bedrock throughout his career or lean on them right as he’s set to face off against Donald Trump, who is gunning for the UAW endorsement,” Zack and Holly report. More here from The New York Times. UPS and Teamsters are set to resume talks Tuesday, according to the union. ELSEWHERE IN UPS-TEAMSTERS-WORLD: A coalition led by the U.S. Chamber of Commerce in a Thursday letter urged Biden to intervene in the negotiations. Teamsters President Sean O’Brien has asked the White House not to intervene in a potential UPS strike. Democrats in Congress last week affirmed they’d stay out it. More union news: “'Get back on offense' over school politics, Cardona tells union leaders,” from our Juan Perez Jr.
| | | | JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY: Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 at 5:15 PM ET. We'll explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? How are advances in technology shaking things up? And, what's the future for energy consumption reduction? Hear from featured speaker, Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — register today and be part of the conversation driving America's clean energy future! REGISTER NOW. | | | | | Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories.
| | FIRST IN SHIFT: Bradford Kelley, a top aide at the Equal Employment Opportunity Commission, is joining Littler’s Washington office. Since 2020, Kelley was chief counsel to Republican Commissioner Keith Sonderling and served as an adviser for the EEOC’s Artificial Intelligence and Algorithmic Fairness initiative. Prior to the EEOC, Kelly was a senior policy adviser at DOL’s Wage and Hour Division. More workplace news: “A 24-year-old died laying cable in the Texas heat. His mom is suing,” from The Washington Post.
| | | AMAZON BATTLES WASHINGTON: Amazon is squaring off with the Washington Occupational Safety and Health Administration over citations levied against the company over alleged violations at warehouses in the Seattle metro area. An agency judge is set to hear Amazon’s appeal starting Monday, though proceedings could stretch into October. Amazon is challenging four citations issued at three different warehouses over ergonomic concerns and the risk of injury to workers tasked with repeatedly lifting heavy loads. “We look forward to showing that L&I’s allegations are inaccurate and don’t reflect the reality of safety at Amazon,” an Amazon spokesperson said in a statement. Last fall, Amazon filed a federal lawsuit against the Washington Department of Labor and Industries accusing the agency of illegally trying to force it to address safety concerns despite its pending appeal. A judge dismissed the lawsuit in March. Amazon has also been flagged by federal investigators for warehouse safety violations — which the company is also contesting — and the Manhattan U.S. attorney’s office is reportedly probing the company for possibly misleading lenders about its safety record. METRO SECTION: “D.C. Explores Pay Equity Law to Fix One of Worst Wage Gaps in US,” from Bloomberg Law.
| | | | JOIN 7/27 FOR A TALK ON WOMEN LEADERS IN THE NEW WORKPLACE: In the wake of the pandemic, U.S. lawmakers saw a unique opportunity to address the current childcare system, which has become increasingly unaffordable for millions of Americans, but the initial proposals went nowhere. With the launch of the Congressional Bipartisan Affordable Childcare Caucus in May, there may be a path to make childcare more affordable in the U.S. Join Women Rule on July 27 to hear from featured speakers Rep. Ro Khanna (D-Calif.), Rep. Nancy Mace (R-S.C.), and Reshma Saujani, Founder & CEO of Moms First and Founder of Girls Who Code, on ways to reach a bipartisan solution on this timely issue for women in the workplace. REGISTER HERE. | | | | | | | | | DOL INVESTIGATING DEATHS: Three 16-year-old boys in five weeks have died after workplace injuries at industrial sites, HuffPost notes. Duvan Tomas Perez, who was going into ninth grade, died after an injury at a Mississippi poultry plant. Michael Schuls, who The Associated Press reported played four high school sports, died after injuries at a logging company in Wisconsin. And Will Hampton, a high school sophomore, died in Missouri after an injury working at a landfill. OSHA is investigating the deaths, HuffPost reports: “OSHA has also made a referral to the Department of Labor’s Wage and Hour Division for possible child labor violations concerning hazardous occupations in the Wisconsin case and a separate referral in the Missouri case to determine if the child was legally employed.” OSHA and Wage and Hour are investigating Perez’s death at the Mar-Jac Poultry plant, The New York Times previously reported. The company told the Times his death was a “tragedy” and said his age and identity had been “misrepresented” in paperwork. The recent deaths come as lawmakers in several states have advocated for loosening child labor protections.
| | — “Amazon Is Asking Some Employees to Relocate, Return to ‘Main Hub’ Offices,” from The Wall Street Journal. — “The creator economy was already exploding. Then Hollywood went on strike,” from The Washington Post. — “America’s Corporate Tragedy,” from The Atlantic. — “Grindr Staff Launch Union Campaign to Gain Layoff Protection,” from Bloomberg. — “The UPS Strike Looms as Corporate America Cashes In,” from In These Times. — “Bethenny Frankel Calls for Reality Stars Union,” from Variety. — “The hottest new job is ‘head of AI’ and nobody knows what they do,” from Vox. THAT’S ALL FOR SHIFT!
| | | | A message from UPS: UPS is focused on negotiating a new labor contract that provides wins for our employees, the union, UPS and our customers. Today, full- and part-time union employees at UPS receive industry-leading wages, low-to-no-cost health care, pension benefits, tuition assistance and more. For example, UPS full-time delivery drivers receive average total compensation of $145,000 per year. That includes $0 health care premiums, contributions to a defined-benefit pension plan and up to seven weeks of paid vacation, plus paid time off for holidays, sick leave and option days. Learn more about how UPS is approaching these negotiations. | | | | | | | Follow us on Twitter | | | | Follow us | | | | |
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