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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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    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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    How Nevada Is Pushing to Generate Jobs Beyond the Casinos

    Before the pandemic brought everyday life to a halt, Joe Kiele supported himself through the industry that dominates Nevada’s economy. He waited tables at a steakhouse inside a casino in Reno.Four years later, Mr. Kiele, 49, remains in Reno, yet he now spends his workday inside a factory. In place of worrying about the doneness of a customer’s rib-eye, he trains people on the proper handling of industrial chemicals.His employer, Redwood Materials, is constructing an enormous complex across a lonely stretch of desert. There, the company has begun recycling batteries harvested from discarded smartphones and other electronics. It extracts critical minerals like nickel, lithium, copper and cobalt, and uses them to manufacture components for electric vehicle batteries.Not coincidentally, the plant sits only eight miles from a major customer — a Tesla auto factory.Mr. Kiele’s shift from restaurant server to chemical operator parallels a transformation long championed by Nevada’s leaders seeking to make their economy more diverse, reducing its reliance on the hospitality industry for jobs. In recent years, they have tried to secure investment from companies engaged in the transition toward green energy.The Redwood Materials plant, which occupies roughly 300 acres and is expected to require some $2 billion in investment over the next decade, looms like a monument to Nevada’s aspirations. For the employees, the factory is evidence that there are ways to pay bills besides dealing cards and delivering food.“We’re not based on consumerism,” Mr. Kiele said. “We’re dealing with industry.”This is not the first time that Nevada has sought to broaden its economy. The state has a history of betting its fate on the bounty flowing from a single industry.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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    Heat Is Costing the U.S. Economy Billions in Lost Productivity

    From meatpackers to home health aides, workers are struggling in sweltering temperatures and productivity is taking a hit.As much of the United States swelters under record heat, Amazon drivers and warehouse workers have gone on strike in part to protest working conditions that can exceed 100 degrees Fahrenheit.On triple-digit days in Orlando, utility crews are postponing checks for gas leaks, since digging outdoors dressed in heavy safety gear could endanger their lives. Even in Michigan, on the nation’s northern border, construction crews are working shortened days because of heat.Now that climate change has raised the Earth’s temperatures to the highest levels in recorded history, with projections showing that they will only climb further, new research shows the impact of heat on workers is spreading across the economy and lowering productivity.Extreme heat is regularly affecting workers beyond expected industries like agriculture and construction. Sizzling temperatures are causing problems for those who work in factories, warehouses and restaurants and also for employees of airlines and telecommunications firms, delivery services and energy companies. Even home health aides are running into trouble.“We’ve known for a very long time that human beings are very sensitive to temperature, and that their performance declines dramatically when exposed to heat, but what we haven’t known until very recently is whether and how those lab responses meaningfully extrapolate to the real-world economy,” said R. Jisung Park, an environmental and labor economist at the University of Pennsylvania. “And what we are learning is that hotter temperatures appear to muck up the gears of the economy in many more ways than we would have expected.”A study published in June on the effects of temperature on productivity concludes that while extreme heat harms agriculture, its impact is greater on industrial and other sectors of the economy, in part because they are more labor-intensive. It finds that heat increases absenteeism and reduces work hours, and concludes that as the planet continues to warm, those losses will increase.The cost is high. In 2021, more than 2.5 billion hours of labor in the U.S. agriculture, construction, manufacturing, and service sectors were lost to heat exposure, according to data compiled by The Lancet. Another report found that in 2020, the loss of labor as a result of heat exposure cost the economy about $100 billion, a figure projected to grow to $500 billion annually by 2050.A U.P.S. delivery in Manhattan on Monday.Spencer Platt/Getty ImagesOther research found that as the mercury reaches 90 degrees Fahrenheit, productivity slumps by about 25 percent and when it goes past 100 degrees, productivity drops off by 70 percent.And the effects are unequally distributed: in poor counties, workers lose up to 5 percent of their pay with each hot day, researchers have found. In wealthy counties, the loss is less than 1 percent.Of the many economic costs of climate change —- dying crops, spiking insurance rates, flooded properties — the loss of productivity caused by heat is emerging as one of the biggest, experts say.“We know that the impacts of climate change are costing the economy,” said Kathy Baughman McLeod, director of the Adrienne Arsht-Rockefeller Foundation Resilience Center, and a former global executive for environmental and social risk at Bank of America. “The losses associated with people being hot at work, and the slowdowns and mistakes people make as a result are a huge part.”Still, there are no national regulations to protect workers from extreme heat. In 2021, the Biden administration announced that the Occupational Safety and Health Administration would propose the first rule designed to protect workers from heat exposure. But two years later, the agency still has not released a draft of the proposed regulation.Seven states have some form of labor protections dealing with heat, but there has been a push to roll them back in some places. In June, Governor Greg Abbott of Texas signed a law that eliminated rules set by municipalities that mandated water breaks for construction workers, even though Texas leads all states in terms of lost productivity linked to heat, according to an analysis of federal data conducted by Vivid Economics.Business groups are opposed to a national standard, saying it would be too expensive because it would likely require rest, water and shade breaks and possibly the installation of air-conditioning.Martin Rosas, the vice president for the United Food and Commercial Workers Union International. “When it’s extremely hot, and their safety glasses fog up, their vision is impaired and they are exhausted, they can’t even see what they’re doing,” he said of the workers he represents.Brett Deering for The New York Times“OSHA should take care not to impose further regulatory burdens that make it more difficult for small businesses to grow their businesses and create jobs,” wrote David S. Addington, vice president of the National Federation of Independent Business, in response to OSHA’s plan to write a regulation.Marc Freedman, vice president of employment policy at the United States Chamber of Commerce, said, “I don’t think anyone is dismissing the hazard of overexposure to heat.” But, he said, “Is an OSHA standard the right way to do it? A lot of employers are already taking measures, and the question will be, what more do they have to do?”The National Beef slaughterhouse in Dodge City, Kan., where temperatures are expected to hover above 100 degrees Fahrenheit for the next week, is cooled by fans, not air-conditioning.Workers wear heavy protective aprons and helmets and use water vats and hoses heated to 180 degrees to sanitize their equipment. It’s always been hot work.But this year is different, said one worker, who asked not to be identified for fear of retribution. The heat inside the slaughterhouse is intense, drenching employees in sweat and making it hard to get through a shift, the worker said.National Beef did not respond to emails or telephone calls requesting comment.Martin Rosas, a union representative for meatpacking and food processing workers in Kansas, Missouri and Oklahoma, said sweltering conditions present a risk for food contamination. After workers skin a hide, they need to ensure that debris doesn’t get on the meat or carcass. “But when it’s extremely hot, and their safety glasses fog up, their vision is impaired and they are exhausted, they can’t even see what they’re doing,” Mr. Rosas said.Almost 200 employees out of roughly 2,500, have quit at the Dodge City National Beef plant since May, Mr. Rosas said. That’s about 10 percent higher than usual for that time period, he said.Maria Rodriguez, who has worked at the same McDonald’s in Los Angeles for 20 years, walked out on July 21.Jessica Pons for The New York TimesBut even some workers in air-conditioned settings are getting too hot. McDonald’s workers in Los Angeles walked off the job this summer as the air-conditioned kitchens were overwhelmed by the sweltering heat outside.“There is an air-conditioner in every part of the store, but the thermostat in the kitchen still showed it was over 100 degrees,” said Maria Rodriguez, who has worked at the same McDonald’s on Crenshaw Boulevard in Los Angeles for 20 years, but walked out on July 21, sacrificing a day of pay. “It’s been hot before, but never like this summer. I felt terrible — like I could pass out or faint at any moment.”Nicole Enearu, the owner of the store, said in a statement, “We understand that there’s an uncomfortable heat wave in LA, which is why we’re even more focused on ensuring the safety of our employees inside our restaurants. Our air-conditioning is functioning properly at this location.”Tony Hedgepeth, a home health aide in Richmond, Va., cares for a client whose home thermostat is typically set at about 82 degrees. Last week, the temperature inside was near 94 degrees.Any heat is a challenge in Mr. Hedgepeth’s job. “Bathing, cooking, lifting and moving him, cleaning him,” he said. “It’s all physical. It’s a lot of sweat.”Warehouse workers across the country are also feeling the heat. Sersie Cobb, a forklift driver who stocks boxes of pasta in a warehouse in Columbia, S.C., said the stifling heat can make it difficult to breathe. “Sometimes I get dizzy and start seeing dots,” Mr. Cobb said. “My vision starts to go black. I stop work immediately when that happens. Two times this summer I’ve had heart palpitations from the heat, and left work early to go to the E.R.”In Southern California, a group of 84 striking Amazon delivery workers say that one of their priorities is getting the company to make it safe to work in extreme heat. Last month, unionized UPS workers won a victory when the company agreed to install air-conditioning in delivery trucks.Amazon delivery drivers striking at the company’s Palmdale, Calif., warehouse and delivery center on Tuesday.Robyn Beck/Agence France-Presse — Getty Images“Heat has played a tremendous role — it was one of the major issues in the negotiations,” said Carthy Boston, a member of the International Brotherhood of Teamsters representing UPS drivers in Washington, D.C. “Those trucks are hotboxes.”Many factories were built decades ago for a different climate and are not air-conditioned. A study on the effects of extreme temperatures on the productivity of auto plants in the United States found that a week with six or more days of heat exceeding 90 degrees Fahrenheit cuts production by an average of 8 percent.In Tulsa, Okla., Navistar is installing a $19 million air-conditioning system at its IC Bus factory, which produces many of America’s school buses. Temperatures on the floor can reach 99 degrees F. Currently, the plant is only cooled by overhead fans that swirl high above the assembly line.Shane Anderson, the company’s interim manager, said air-conditioning is expected to cost about $183 per hour, or between $275,000 and $500,000 per year — but the company believes it will boost worker productivity.Other employers are also adapting.Brad Maurer, who leads a construction contracting business in Michigan, where heat has caused his employees to stop working hours before quitting time at some sites.Emily Elconin for The New York TimesBrad Maurer, vice president of Leidal and Hart, which builds stadiums, hospitals and factories in Michigan, Ohio, Indiana, Kentucky and Tennessee, said managers now bring in pallets of bottled water, which they didn’t used to do, at a cost to the company of a few thousand dollars a month.Rising heat around Detroit recently caused his employees to stop working three hours early on a Ford Motors facility for several days in a row — a pattern emerging throughout his company’s work sites.“It means costs go up, production goes down, we may not meet schedules, and guys and women don’t get paychecks,” Mr. Maurer said. Labor experts say that as employers adapt to the new reality of the changing climate, they will have to pay one way or the other.“The truth is that the changes required probably will be very costly, and they will get passed on to employers and consumers,” said David Michaels, who served as assistant secretary of labor at OSHA during the Obama administration and is now a professor at the George Washington School of Public Health.“But if we don’t want these workers to get killed we will have to pay that cost.”David Gelles More

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    Amazon Union Prevails in Ruling on Warehouse Access for Organizing

    Federal labor regulators said that Amazon had illegally barred off-duty employees from work sites and that the policy was aimed at union backers.Federal labor regulators have concluded that Amazon’s policy of restricting the warehouse access of off-duty employees is illegal, backing a contention of the union that has represented workers at a Staten Island warehouse since winning an election there last year.In a written communication sent to the union on Wednesday, a lawyer for the National Labor Relations Board’s Brooklyn region, Brent E. Childerhose, said the regional office had determined that the company broke the law by adopting the access rule last summer in response to union activity, and that it had applied the rule in a discriminatory fashion against union supporters.The Amazon Labor Union contends that the access policy makes it difficult for workers to exercise their right to talk to co-workers about joining or supporting a union.An Amazon spokeswoman, Mary Kate Paradis, said that the company had adopted the rule to protect employee safety and building security, and that it applied the rule fairly and in a way that “has nothing to do with whether an individual supports a particular cause or group.” Employees continue to have access to nonwork areas outside company buildings, she said.Portions of the case will go to a trial before an administrative law judge unless Amazon settles it beforehand. The losing side can appeal the judge’s decision to the labor board in Washington. A lawyer for the union, Seth Goldstein, said that if the labor board prevailed, Amazon might have to roll back the off-duty-access policy at warehouses around the country. The labor board did not immediately respond to a query about the potential impact.The board also said the company had illegally failed to bargain with the union. An N.L.R.B. regional director certified the result in January, but the company is appealing the outcome to the labor board in Washington.The Amazon spokeswoman said it wouldn’t make sense to negotiate changes to how the company operated at the site while Amazon continued to challenge the election’s validity.Amazon has traditionally forbidden workers to remain inside its warehouses, including break rooms, if they are not within 15 minutes of their shift. But the labor board reached a settlement with the company to ease the policy nationally in late 2021, as the union campaign at the Staten Island warehouse, known as JFK8, was gaining momentum.Union organizers attribute their election victory at JFK8 partly to the ability of off-duty employees to talk to co-workers and distribute food and union material in break rooms. They say the loss of such access last summer, not long after their victory, made it far more difficult to reach workers at the warehouse and try to enlist them in a pressure campaign to bring Amazon to the bargaining table.Under the settlement, Amazon was allowed to reinstitute a more restrictive policy after a few months, but the labor board contends that the manner in which it did so was discriminatory and therefore illegal. More

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    Judge Finds Amazon Broke Labor Law in Anti-Union Effort

    The ruling, on charges brought by the National Labor Relations Board, involved actions at two Staten Island warehouses before union votes last year.Amazon violated labor law in advance of unionization elections last year at two warehouses on Staten Island, a federal administrative judge has ruled.The judge, who hears cases for the National Labor Relations Board, ruled on Monday that Amazon supervisors had illegally threatened to withhold wage and benefit increases from employees at the warehouses if they voted to unionize. The judge, Benjamin W. Green, also ruled that Amazon had illegally removed posts on a digital message board from an employee inviting co-workers to sign a petition being circulated by the Amazon Labor Union. The union sought to represent workers at both warehouses.The ruling ordered Amazon to stop the unfair labor practices and to post a notice saying it would not engage in them.In the same ruling, the judge dismissed several accusations brought in a complaint by the labor board’s prosecutors, including charges that Amazon indicated take-home pay would fall if workers unionized; that Amazon promised improvements in a program that subsidizes workers’ educational expenses if they chose not to unionize; and that Amazon indicated that workers would be fired if they unionized and failed to pay union dues.The judge found that these accusations were either overstated or, in the final instance, that the action was not illegal.Amazon can appeal the ruling to the labor board in Washington.“We’re glad that the judge dismissed 19 — nearly all — of the allegations in this case,” Mary Kate Paradis, an Amazon spokeswoman, said in a statement, adding: “The facts continue to show that the teams in our buildings work hard to do the right thing.”The union declined to comment.The violations occurred at a vast Amazon warehouse known as JFK8, where workers voted to unionize in an election whose results were announced in April, and at a smaller, nearby warehouse known as LDJ5, where workers voted down a union the next month.In the weeks before the elections, Amazon summoned employees at the warehouses to dozens of anti-union meetings at which supervisors questioned the credibility of the Amazon Labor Union, emphasized the costliness of union dues and warned that workers could end up worse off under a union.The judge’s ruling set aside a broader question brought by labor board prosecutors: whether employers can force workers to attend such meetings.The meetings are legal under labor board precedent and common among employers facing union campaigns. But the board’s general counsel, Jennifer Abruzzo, has argued that the precedent is in tension with federal labor law and had sought to challenge it.Judge Green concluded that he lacked the authority to overturn the precedent. “I am required to apply current law,” he wrote. Ms. Abruzzo’s office can file an appeal asking the labor board in Washington to overturn the precedent. More