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    Amazon Could Be Forced to Treat Drivers as Employees

    Amazon’s delivery system depends on third-party companies. But labor regulators have challenged that model, possibly opening the way for unionization.Vans marked with Amazon’s arrow logo have become ubiquitous on residential streets, a symbol of the nearly instantaneous delivery that has transformed online shopping.But behind the wheel, that image of high-tech efficiency is being overshadowed by drivers’ complaints about working conditions. Recent federal labor rulings could pave the way for unionization in the company’s last-mile delivery network and change how it does business.Hundreds of thousands of drivers who deliver Amazon packages don’t work directly for the e-commerce giant; instead, they’re employed by third-party logistics companies, called delivery service partners. Last year, Amazon ended a contract with a delivery company in Palmdale, Calif., after drivers started organizing with the Teamsters union.A regional director for the National Labor Relations Board in Los Angeles issued the first formal complaint last week targeting the company’s delivery model, arguing in the Palmdale case that Amazon is a joint employer of the drivers and, as such, must bargain with the union.Last month, another N.L.R.B. regional director issued a preliminary finding that Amazon is a joint employer of drivers in Atlanta seeking to unionize with the Teamsters, and that it must be held liable for unlawfully discouraging unionization.Amazon contracts over 3,000 delivery service partners, which determine pay, schedules and work conditions for drivers, the company said.By Christopher Smith For The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Amazon Sought Tariff Loophole Used by Chinese Rivals. Now Biden Is Closing It.

    Under pressure from Chinese competitors, Amazon, Walmart and other U.S. retailers have been exploring ways to avoid tariffs. Could a new Biden administration rule change that?Major American retailers including Amazon and Walmart have been quietly exploring shifting toward a business model that would ship more goods directly to consumers from Chinese factories and require fewer U.S. workers in retail stores and logistics centers.The plans have been driven by the rocketing popularity of Chinese e-commerce platforms like Shein and Temu, which have won over consumers with their low prices. These platforms ship inexpensive products directly to consumers’ doorsteps, allowing them to bypass American tariffs on Chinese goods, along with the hefty costs associated with brick-and-mortar stores, warehousing and distribution networks.Rising competition from Shein, Temu and other Chinese companies is pushing many major U.S. retailers to consider shifting to a similar model to qualify for an obscure, century-old U.S. trade law, according to several people familiar with the plans. The law, known as de minimis, allows importers to bypass U.S. taxes and tariffs on goods as long as shipments do not exceed $800 in value.But that trend toward changing business models may have been disrupted on Friday, when the Biden administration abruptly moved to close off de minimis eligibility for many Chinese imports, including most clothing items. In an announcement Friday morning, the Biden administration said it would clamp down on the number of packages that come into the country duty-free using de minimis shipping, particularly from China.The Biden administration’s changes will not go into effect immediately. The proposal will be subject to comment by industry before being finalized in the coming months, and some imports from China would still qualify for a de minimis exemption.But Friday’s action may head off a change that has been looming in global retail. Amazon has been preparing a new discount service that would ship products directly to consumers, allowing those goods to bypass tariffs, according to people familiar with the plans. Even companies that preferred to keep their business models as-is — like Walmart — have been forced to consider using more de minimis to compete.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    To Avoid an Economic Recession, Consumer Spending Is Key

    It has powered the economic recovery from the pandemic shock. Now wallets are thinner, and some businesses are feeling the difference.The economy’s resurgence from the pandemic shock has had a singular driving force: the consumer. Flush with savings and buoyed by a sizzling labor market, Americans have spent exuberantly, on goods such as furniture and electronics and then on services including air travel and restaurant meals.How long this spending will hold up has become a crucial question.Despite contortions in world markets, many economists are cautioning that there is no reason to panic — at least not yet. In July, there was a notable slowdown in hiring and a jump in the unemployment rate to its highest level since October 2021, but consumer spending has remained relatively robust. Wages are rising, though at a slower rate, and job cuts are still low.“Overall, there isn’t evidence of a retrenchment in consumer spending,” said Gregory Daco, chief economist at the consulting firm EY-Parthenon. The strength of spending helped power greater-than-expected economic growth in the spring.That could change if the labor market’s slowdown accelerates.Already, some consumers, especially those with lower incomes, are feeling the dual pinch of higher prices and elevated interest rates that are weighing on their finances. Credit card delinquencies are rising, and household debt has swelled. Pandemic-era savings have dwindled. In June, Americans saved just 3.4 percent of their after-tax income, compared with 4.8 percent a year earlier.On calls with investors and in boardrooms around the country, corporate executives are acknowledging that customers are no longer spending as freely as they used to. And they are bracing themselves for the slide to continue.“We are seeing cautious consumers,” Brian Olsavsky, Amazon’s chief financial officer, said on a call with reporters last week. “They’re looking for deals.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Amazon Union Dissident Wins Election as President

    The Amazon Labor Union has been divided over strategy and governance issues after winning a representation vote at a Staten Island warehouse in 2022.A dissident group has won control of the Amazon Labor Union, the only union in the country that formally represents Amazon warehouse workers, election results on Tuesday showed.The union won a representation vote at a Staten Island warehouse in 2022 but has yet to negotiate a contract as Amazon contests the outcome. The group has been divided over governance and strategy, as well as personality conflicts, after falling short in efforts to organize other Amazon facilities.A leader of the dissident group, Connor Spence, will take over, succeeding the founding president, Christian Smalls, who chose not to run for re-election. Mr. Spence defeated the union’s current recording secretary and a third candidate in an election that attracted roughly 250 votes, out of thousands of workers at the warehouse.The result was announced by Mr. Spence’s group and confirmed by Mr. Smalls.Mr. Spence’s group brought a lawsuit last year to force leadership elections within the union. The two sides announced a settlement in January that set the stage for this month’s election, which was overseen by a court-approved monitor.The dissident group, the A.L.U. Democratic Reform Caucus, argued that Mr. Smalls and other union leaders had too much power and were unaccountable to rank-and-file members, a charge that Mr. Smalls rejected.The caucus also claimed victory for the union’s three other officer positions. It said in a statement that after a long fight to reform the union, “we are relieved to finally be able to turn our full attention toward bringing Amazon to the table.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Amazon Is Fined Nearly $6 Million Over Warehouse Work Quotas

    California officials cited failures to disclose productivity requirements at two locations. The company said it would appeal.A California labor regulator said on Tuesday that it had fined Amazon nearly $6 million for thousands of violations of a safety law that took effect in 2022.The measure, known as the Warehouse Quotas Law, lets employees request written explanations of any productivity quotas that apply to them, as well as explanations of any discipline they may face in failing to meet the quotas.The state labor commissioner’s office said Amazon violated the law more than 59,000 times at two Southern California warehouses between October and March.The system that Amazon used in the two warehouses “is exactly the kind of system that the Warehouse Quotas Law was put in place to prevent,” the labor commissioner, Lilia García-Brower, said in a statement.An Amazon spokeswoman said in a statement that the company had appealed the penalties and denied that the company used “fixed quotas.” The spokeswoman, Maureen Lynch Vogel, said that “individual performance is evaluated over a long period of time, in relation to how the entire site’s team is performing,” and that workers can “review their performance whenever they wish.”The California law also proscribes quotas that interfere with employees’ ability to take state-mandated breaks or use the bathroom, or that prevent employers from following state health and safety laws.Experts have said the law was among the first in the country to regulate warehouse quotas that are monitored by algorithms and to require employers to make the quotas transparent to workers. The penalties announced on Tuesday are the largest issued under the law.The labor commissioner’s office said its investigation had been assisted by a labor advocacy group, the Warehouse Worker Resource Center, which issued a statement quoting a worker at one of the penalized Amazon facilities who described significant pressure to hit quotas.“If you don’t scan enough items you will get written up,” said the worker, Carrie Stone. “This happened to me. I got written up for not making rate. They said I missed by one point, but I didn’t even know what the target was.”Other Amazon workers raised similar concerns while the Legislature debated the bill in 2021, and studies by labor advocacy groups have shown that Amazon has significantly higher rates of serious injury than other warehouse employers, like Walmart.The federal Occupational Safety and Health Administration has cited Amazon several times in recent years for exposing workers to ergonomic injuries and over record-keeping for such injuries, and the Justice Department is investigating whether the company made false representations about its safety record when applying for loans.Amazon has cited hundreds of millions of dollars’ worth of investments in safety improvements in recent years, including more than $300 million in 2021.Other states, like New York and Washington, have since enacted similar laws, and Senator Edward J. Markey, Democrat of Massachusetts, introduced a federal version last month. More

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    Amazon Union Workers Join Forces With the Teamsters

    An affiliation agreement between the Amazon Labor Union and the 1.3 million-member Teamsters signals an escalation in challenging the online retailer.After years of organizing Amazon workers and pressuring the company to bargain over wages and working conditions, two prominent unions are teaming up to challenge the online retailer.The partnership was made final in voting that ended on Monday after members of the Amazon Labor Union, the only union formally representing Amazon warehouse workers in the United States, voted overwhelmingly to affiliate with the 1.3-million-member International Brotherhood of Teamsters. The vote was overseen by the Amazon union.The A.L.U. scored a surprise victory in an election at a Staten Island warehouse in 2022. But it has yet to begin bargaining with Amazon, which continues to contest the election outcome. Leaders of both unions said the affiliation agreement would put them in a better position to challenge Amazon and would provide the A.L.U. with more money and staff support.“The Teamsters and A.L.U. will fight fearlessly to ensure Amazon workers secure the good jobs and safe working conditions they deserve in a union contract,” Sean O’Brien, the Teamsters president, said in a statement early Tuesday.Amazon declined to comment on the affiliation.The Teamsters are ramping up their efforts to organize Amazon workers nationwide. The union voted to create an Amazon division in 2021, and Mr. O’Brien was elected that year partly on a platform of making inroads at the company.The Teamsters told the A.L.U. that they had allocated $8 million to support organizing at Amazon, according to Christian Smalls, the A.L.U. president, and that the larger union was prepared to tap its more than $300 million strike and defense fund to aid in the effort. The Teamsters did not comment on their budget for organizing at Amazon.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Teamsters Struggle to Unionize Amazon and FedEx Delivery Workers

    The Teamsters union has made little headway in organizing workers at Amazon and FedEx despite wage and other gains it secured at UPS last year.Last year, two unions representing workers at three large automakers and UPS negotiated new labor contracts that included big raises and other gains. Leaders of the unions — the United Automobile Workers and the Teamsters — hoped the wins would help them organize workers across their industry.The U.A.W. won one vote to unionize a Volkswagen factory in Tennessee last month and lost one this month at two Mercedes-Benz plants in Alabama. The Teamsters have made even less progress at UPS’s big nonunion rivals in the delivery business, Amazon and FedEx.Polling shows that public support for unions is the highest it has been in decades. But labor experts said structural forces would make it hard for labor groups to increase their membership, which is the lowest it has been as a percentage of the total work force in decades. Unions also face stiff opposition from many employers and conservative political leaders.The Teamsters provide an instructive case study. Many of the workers doing deliveries for Amazon and FedEx work for contractors, typically small and medium-size businesses that can be hard to organize. And delivery workers employed directly by FedEx in its Express business are governed by a labor law that requires unions to organize all similar workers at the company nationally at once — a tougher standard than the one that applies to organizing employees at automakers, UPS and other employers.Some labor experts also said the Teamsters had not made as forceful a push as the U.A.W. to organize nonunion workers after securing a new contract with UPS.“You didn’t have that energy that you saw with the U.A.W.’s leaders,” said Jake Rosenfeld, a sociologist who studies labor at Washington University in St. Louis.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Can a Tech Giant Be Woke?

    The December day in 2021 that set off a revolution across the videogame industry appeared to start innocuously enough. Managers at a Wisconsin studio called Raven began meeting one by one with quality assurance testers, who vet video games for bugs, to announce that the company was overhauling their department. Going forward, managers said, the lucky testers would be permanent employees, not temps. They would earn an extra $1.50 an hour.It was only later in the morning, a Friday, that the catch became apparent: One-third of the studio’s roughly 35 testers were being let go as part of the overhaul. The workers were stunned. Raven was owned by Activision Blizzard, one of the industry’s largest companies, and there appeared to be plenty of work to go around. Several testers had just worked late into the night to meet a looming deadline.“My friend called me crying, saying, ‘I just lost my job,’” recalled Erin Hall, one of the testers who stayed on. “None of us saw that coming.”The testers conferred with one another over the weekend and announced a strike on Monday. Just after they returned to work seven weeks later, they filed paperwork to hold a union election. Raven never rehired the laid-off workers, but the other testers won their election in May 2022, forming the first union at a major U.S. video game company.It was at this point that the rebellion took a truly unusual turn. Large American companies typically challenge union campaigns, as Activision had at Raven. But in this case, Activision’s days as the sole decision maker were numbered. In January 2022, Microsoft had announced a nearly $70 billion deal to purchase the video game maker, and the would-be owners seemed to take a more permissive view of labor organizing.The month after the union election, Microsoft announced that it would stay neutral if any of Activision’s roughly 7,000 eligible employees sought to unionize with the Communications Workers of America — meaning the company would not try to stop the organizing, unlike most employers. Microsoft later said that it would extend the deal to studios it already owned.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More