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    Trump Is Expected to Upend Biden Labor Policies Favoring Unions

    After gains by organized labor under President Biden, a second Trump administration is likely to change course on regulation and enforcement.Joseph R. Biden Jr. promised to be the most pro-labor president in history. He embraced unions more overtly than his predecessors in either party, and filled his administration with union supporters.Labor seemed to respond accordingly. Filings for unionization elections spiked to their highest level in a decade, as did union victories. There were breakthroughs at companies like Starbucks and Amazon, and unions prevailed in organizing a major foreign auto plant in the South. A United Automobile Workers walkout yielded substantial contract gains — and images of Mr. Biden joining a picket line.As Donald J. Trump prepares to retake the White House, labor experts expect the legal landscape for labor to turn sharply in another direction.Based on Mr. Trump’s first term and his comments during the campaign — including his praise for Tesla’s chief executive, Elon Musk, for what he said was Mr. Musk’s willingness to fire striking workers — these experts say the new administration is likely to bring fewer challenges to employers who fight unions. “There will be a concerted effort to repeal pro-worker N.L.R.B. precedents,” said Heidi Shierholz, a senior Labor Department official during the Obama administration, referring to the National Labor Relations Board.Experts like Ms. Shierholz, who is now president of the liberal Economic Policy Institute, said they also expected the Trump administration to ease up on enforcing safety rules, to narrow eligibility for overtime pay and to make it harder for gig workers to gain status as employees.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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    Alabama Prison Labor Program Faces Legal Challenges

    In the back of a nondescript industrial park on the outskirts of Montgomery, Ala., past the corner of Eastern Boulevard and Plantation Way, there is a manufacturing plant run by Ju-Young, a car-part supplier for Hyundai. On a Tuesday in May, about half of the workers there — roughly 20 — were prisoners.Listen to this article with reporter commentaryThey were contracted to the company by the Alabama Department of Corrections as part of a “work-release” day labor program for inmates who, according to the state, have shown enough trustworthiness to work outside prison walls, alongside free citizens.The inmates bused there by the state make up just one crop of the thousands of imprisoned people sent to work for private businesses — who risk disciplinary action if they refuse.Sitting against a chain-link fence under the shade of a tree in the company parking lot, commiserating over small talk and cigarettes with fellow assembly workers, one of the imprisoned men, Carlos Anderson, argued that his predicament was simple. He could work a 40-hour week, at $12 an hour — and keep a small fraction of that after the state charges transportation and laundry fees, and takes a 40 percent cut of pretax wages — or he could face working for nothing at the prison.Under Alabama prison rules, there are thin lines between work incentives, forced labor and “involuntary servitude” — which reforms to the Alabama Constitution in 2022 banned. From the viewpoint of Mr. Anderson and more than a dozen other Alabama inmates interviewed by The New York Times, the ultimate message, in practice, is straightforward: Do this, or else.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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    Will Automation Replace Jobs? Port Workers May Strike Over It.

    A contract covering longshore workers on the East and Gulf Coasts will expire at the end of September, but talks have been stalled over the use of equipment that can function without human operators.When a dockworkers’ union broke off contract talks with management in June, raising the likelihood of a strike at more than a dozen ports on the East and Gulf Coasts that could severely disrupt the supply chain this fall, it was not over wages, pensions or working conditions. It was about a gate through which trucks enter a small port in Mobile, Ala.The International Longshoremen’s Association, which has more than 47,000 members, said it had discovered that the gate was using technology to check and let in trucks without union workers, which it said violated its labor contract.“We will never allow automation to come into our union and try to put us out of work as long as I’m alive,” said Harold J. Daggett, the union’s president and chief negotiator in talks with the United States Maritime Alliance, a group of companies that move cargo at ports.The I.L.A., which represents workers at economically crucial ports in New Jersey, Virginia, Georgia and Texas, has long resisted automation because it can lead to job losses.Longshoremen have grim memories of how past innovation reduced employment at the docks. Shipping containers, introduced in the 1960s, allowed ports to move goods with fewer workers. “You don’t have to pay pensions to robots,” said Brian Jones, a foreman at the Port of Philadelphia, who said he’d vote for a strike if it came to it. He began working at the port in 1974, when bananas from Costa Rica were unloaded box by box. Asked why he was still working at 73, Mr. Jones said, “I like the action, and the money doesn’t hurt.”Workers throughout the economy are worried that technology will eliminate their jobs, but at the ports it threatens one of the few blue-collar jobs that can pay more than $100,000. The United States has done less to automate port operations than countries like China, the Netherlands and Singapore. But the technology is now advancing more quickly, especially on the West Coast.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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    Farm Workers Union Battles With California Grower, Wonderful Nurseries

    Wonderful Nurseries, owned by Stewart and Lynda Resnick, has sued the state to overturn a labor organizing law championed by the United Farm Workers.The allegations ricocheted through the agricultural fields and into a Central Valley courthouse, where one of California’s most powerful companies and an iconic union were trading charges of deception and coercion in a fight over worker representation.Some farmworkers at Wonderful Nurseries — part of the Wonderful Company, the conglomerate behind famous brands of pomegranate juice and pistachios, as well as Fiji Water — said they had been duped into signing cards to join a union. On the other side, the United Farm Workers, the union formed in the 1960s by labor figures including Cesar Chavez, contends that the influential company, owned by the Los Angeles billionaires and powerhouse Democratic donors Stewart and Lynda Resnick, is trying to thwart the will of workers through intimidation and coercion.For months, the back and forth has played out before the California Agricultural Labor Relations Board, which arbitrates labor fights between workers and growers, and in a courthouse not far from Wonderful’s sprawling fields.In May, the company filed a legal challenge against the state that could overturn a 2022 law that made it easier for farmworkers to take part in unionization votes.After vetoing a previous version over procedural concerns, Gov. Gavin Newsom signed the measure following public pressure from President Biden and Representative Nancy Pelosi, then the House speaker. The U.F.W. heralded the bill’s enactment as a critical victory, but several big growers said that it would allow union organizers to unfairly influence the process.The law paved the way for farmworkers to vote for union representation by signing union authorization cards, a process known simply as card check. Its passage coincided with an era of greater mobilization to unionize workers during the pandemic and a willingness to press demands for better working conditions and respect from employers, said Victor Narro, project director and labor studies professor at the U.C.L.A. Labor Center.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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    Caterpillar Factory in Mexico Draws Complaint of Labor Abuses

    The Biden administration declined to pursue a union complaint of labor abuses in Mexico, raising new concerns about offshoring.Over the past few years, as major manufacturers have announced plans to ramp up production in Mexico, labor unions have raised concerns that American jobs will be sent abroad.Now, the concerns have prompted the United Automobile Workers union, a prominent backer of President Biden, to criticize an administration decision not to pursue accusations of labor abuses by a Mexican subsidiary of Caterpillar, the agriculture equipment maker.In late June, the administration informed a group of unions that it would not pursue a complaint that the subsidiary had retaliated against striking union members by making it difficult for them to find alternative employment, a form of blacklisting.The government’s ability to police such violations, under a provision of the United States-Mexico-Canada Agreement, the successor to the North American Free Trade Agreement, is meant to reduce the incentive for American employers to move jobs to Mexico in search of weaker labor protections. The U.A.W. argues that, by declining to use its authority under the trade agreement in this case, the Biden administration may be encouraging companies to relocate work.Caterpillar workers in Mexico “face harassment and blacklisting for daring to stand up, with no help from the U.S.M.C.A.,” Shawn Fain, the president of the U.A.W., said in a statement. The U.A.W. was among several labor groups that brought the complaint.The Biden administration would not comment on the complaint, but pointed to two dozen other cases it had pursued under the trade agreement. Caterpillar did not respond to requests for comment.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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    California Moves to Modify Law Letting Workers Sue Employers

    Gov. Gavin Newsom announced a deal with business and labor leaders heading off a ballot measure to repeal the law, which has cost companies billions.A last-minute political compromise has headed off an effort to repeal a California law allowing workers to sue employers for workplace violations — a legal tool that has cost companies billions of dollars.The compromise, announced on Tuesday by Gov. Gavin Newsom, followed meetings with business leaders and the powerful California Labor Federation over ways to modify the 2004 law, the Private Attorneys General Act.The law, known as PAGA, lets employees file civil complaints — on their own behalf and for fellow workers — against businesses, sometimes costing them tens of millions of dollars in settlements.“We came to the table and hammered out a deal that works for both businesses and workers, and it will bring needed improvements to this system,” Mr. Newsom said in a statement on Tuesday. “This proposal maintains strong protections for workers, provides incentives for businesses to comply with labor laws and reduces litigation.”A study released in February by a coalition opposing the law found it had cost businesses around $10 billion since 2013. That same report found more than 3,000 proposed settlements under the law in 2022, a tenfold increase from 2016. (In most cases, the state records settlement proposals but not the amount ultimately paid.)In 2023, Google settled for $27 million after employees used the law as their basis for accusing the tech company of unfair labor practices. And in 2018, Walmart employees won a settlement of $65 million after accusing the retailer of not providing sufficient seating for workers.Business groups got a measure to repeal the law on the November ballot. They agreed to withdraw the measure once legislation reflecting the compromise is passed and signed into law.Labor groups have cited the law as a necessary check on corporations.A recent report from the U.C.L.A. Labor Center found that the prospective ballot measure would effectively eliminate “one of California workers’ strongest remaining tools for preventing and correcting wage theft and other workplace abuses,” said Tia Koonse, the center’s legal and policy research manager.The compromise calls for, among other things, creating higher penalties on employers that flout labor laws and increasing the amount of penalty money that goes to employees to 35 percent from 25 percent. Moreover, it stipulates that any legal action must be initiated by the employee who experiences the violations described in the suit.“This package provides meaningful reforms that ensure workers continue to have a strong vehicle to get labor claims resolved, while also limiting the frivolous litigation that has cost employers billions without benefiting workers,” Jennifer Barrera, president of the California Chamber of Commerce, said in a statement.Lorena Gonzalez, the leader of the California Labor Federation, said in a statement that her group was pleased “to have negotiated reforms to PAGA that better ensure abusive practices by employers are cured and that workers are made whole, quicker.”“PAGA is an essential tool to help workers hold corporations accountable for widespread wage theft, safety violations and misclassification,” she said. More

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    U.S. Accuses Hyundai and Two Other Companies of Using Child Labor

    The Labor Department filed a lawsuit accusing Hyundai, one of its suppliers and a staffing company of jointly employing a 13-year-old on an auto body parts assembly line in Alabama.The Labor Department on Thursday sued Hyundai over the use of child labor in Alabama, holding the car manufacturer liable for the employment of children in its supply chain, including a 13-year-old girl who worked up to 60 hours per week making car parts.In the suit, filed in a federal court in Montgomery, Ala., the department said Hyundai was responsible for the employment of children at a Smart Alabama factory in Luverne, Ala., which produces parts like body panels that are shipped to a Hyundai factory in Montgomery. The suit also claimed a staffing agency, Best Practice Service, recruited the children to work at the supplier’s plant.In a statement, Hyundai said child labor was “not consistent with the standards and values we hold ourselves to as a company.” It added that the Labor Department used “an unprecedented legal theory that would unfairly hold Hyundai accountable for the actions of its suppliers.”Smart did not immediately respond to a request for comment. Representatives of Best Practice Service, which is no longer in business, could not be reached for comment.From July 2021 to February 2022, a 13-year-old girl worked at the Smart plant, where she was recruited to work by Best Practice Service, the suit claimed. The suit also contended that two other children were employed at the plant.The Labor Department said that through the employment of children at its supplier, Hyundai was in violation of the “hot goods” provision of the Fair Labor Standards Act, which prevents the interstate commerce of goods “that were produced in violation of the minimum wage, overtime or child labor provisions” of that law.“Companies cannot escape liability by blaming suppliers or staffing companies for child labor violations when they are in fact also employers themselves,” said Seema Nanda, the Labor Department’s chief legal officer, in a statement Thursday.The suit comes after investigations by Reuters and The New York Times documented the use of child labor by the suppliers of car companies. In 2022, Reuters found that Smart Alabama had used child labor at its facility, and that Kia, which is part of the same South Korean conglomerate as Hyundai, had also used child labor in the South. A 2023 investigation by The Times found children employed at the suppliers of General Motors and Ford Motor.Hyundai imports many of its vehicles from South Korea but has made big investments in factories in the South, spending nearly $8 billion on an electric vehicle plant in Georgia. The United Automobile Workers union has said it hopes to organize workers at Hyundai’s Montgomery plant. More