Delta updates its uniform policy after Palestine backlash
Delta Airlines has updated it staff uniform policy to only allow US flags to be displayed. The change – which becomes effective this week – follows backlash on social media after staff were seen to be wearing pins showing the Palestinian flag – described by X-users as ‘Hamas badges’. An X-user said: “Since 2001 we take our shoes off in every airport because of a terrorist attack in US soil. Now imagine getting into a Delta flight and seeing workers with Hamas badges in the air. What do you do?” In response to the backlash, Delta Air Lines apologized on X, stating that it “strives for an environment of inclusivity and respect for all.” The airline also mentioned that the employee responsible “no longer supports Delta’s social channels.” Following a policy change, only US flag pins will be allowed on uniforms. Previously, employees could wear pins representing various countries and nationalities.“ We are taking this step to help ensure a safe, comfortable, and welcoming environment for all. We are proud of our diverse base of employees and customers and the foundation of our brand, which is to connect the world and provide a premium experience,” the airline said.
College athletes may qualify as employees
College athletes could soon be classed as employees if it is deemed that their efforts primarily benefit their schools, according to a US appeals court ruling. The court has ruled that a test should be developed to differentiate between students who play college sports for fun and those whose effort crosses the legal line into work. “With professional athletes as the clearest indicators, playing sports can certainly constitute compensable work,” US Circuit Judge L. Felipe Restrepo said. “Ultimately, the touchstone remains whether the cumulative circumstances of the relationship between the athlete and college or National Collegiate Athletics Association (NCAA), reveal an economic reality that is that of an employee-employer.” The ruling follows a 2021 Supreme Court decision that led the NCAA to amend its rules to allow athletes to profit from their name, image and likeness. In May, the NCAA announced a nearly $2.8 billion revenue-sharing plan that could steer millions of dollars directly to athletes by next year. As such, Division 1 athletes and former athletes behind the suit are seeking modest hourly wages similar to those earned by their peers in work-study programs. They argue that colleges are violating fair labor practices by failing to pay them for the time they dedicate to their sports, which they say can average 30 or more hours per week. But commenting on the decision, Linda Livingstone, chairperson of the NCAA’s board of governors said: “Turning student-athletes into employees will have a sprawling, staggering and potentially catastrophic impact on college sports broadly.”
Meta Platforms found to discriminate against US citizens in favour of H-IB visa holders…
A judgement against Meta Platforms (formerly known as Facebook), could see a spike of new claims accusing companies of hiring discrimination. Purushothaman Rajaram, a naturalized US citizen, filed suit in federal court, claiming Meta Platforms rejected him in favor of non-citizens holding H-1B visas to whom the company can allegedly pay lower wages. Rajaram alleged Meta violated a federal law, commonly called section 1981, by discriminating against US citizens in hiring. In this court observation, Judge Miller noted, that section 1981 guarantees equal rights in contracting for “all persons” within the US, extending protections to citizens and noncitizens alike. He went on to argue that if employers discriminate against citizens in favour of non-citizens, they violate the statute’s mandate for equal contractual rights. The decision is being seen as a setback against H-1B, while other commentators argue it could lead to more lawsuits by US-born workers against companies that hire temporary visa holders.
…as Biden looks to speed up employment-based non-immigration visas
The issuing of employment-based non-immigrant visas (which let foreign nationals come to work in the US temporarily), will be sped up, in a move that is hoped will attract and retain skilled individuals better. Before applying for an H-1B visa or other temporary worker visa, an employer must first receive approval for a Petition for a Nonimmigrant Worker (Form I-129) from the US Citizenship and Immigration Services (USCIS). Once approved, the employer receives a Notice of Action (Form I-797). The prospective employee can then proceed with their visa application, which involves completing the Online Nonimmigrant Visa Application (Form DS-160) and scheduling an interview at a US embassy or consulate. The US Department of State will today issue new guidelines, detailing when consular officers should recommend that the Department of Homeland Security (DHS) grant a waiver if applicants are initially denied a visa. These waivers are crucial for accelerating the visa process without compromising thorough checks and security. Experts argue the Biden-Harris Administration’s announcement represents a significant step toward making the US more attractive to skilled graduates. By streamlining visa processes and providing clear guidelines for waivers, the administration aims to retain top talent and bolster the nation’s workforce.
Emigration from Canada to America hits 10-year high
New data compiled by CBC News suggests record numbers of Canadians are moving to America. Figures show that the number of people moving from Canada to the US hit 126,340 in 2022. This was an increase of nearly 70% over the 75,752 people who made the move a decade earlier. Of the 126,340 who emigrated from Canada to the US in 2022, 53,311 were born in Canada, 42,595 were Americans who left here for their native land, and 30,434 were foreign-born immigrants to Canada who decided to move to the US instead. Real estate agents and immigration lawyers who help Canadians make the move say the surge is being driven partly by a desire for a more affordable life. A number of Facebook groups have popped up to help Canadians make the move. Recent arrivals use them to share tips on how to secure a visa or green card, where to live and what to do about health insurance. One group called “Canadians Moving to Florida & USA” has more than 55,000 members and is adding dozens of new members every week. The average cost of a house is 20% less in America, which is also claimed to be responsible for the big rise in numbers. In Arizona, a popular destination for western Canadian emigrants, there’s a flat state tax rate of 2.5%.
Colorado poultry workers revealed to have contracted bird flu
Four poultry workers in Colorado have been diagnosed with bird flu, health officials confirmed last Sunday. The new cases bring the US total to nine since the first human case of the current outbreak was detected in 2022, also in a Colorado poultry worker. Eight of the nine were reported this year. Their illnesses were relatively mild — reddened and irritated eyes and common respiratory infection symptoms like fever, chills, coughing, sore throat and runny nose. None were hospitalized, officials said. The other US cases have also been mild. A bird flu virus has been spreading since 2020 among mammals — including dogs, cats, skunks, bears and even seals and porpoises — in scores of countries. Earlier this year the virus, known as H5N1, was detected in US livestock, and is now circulating in cattle in several states. The Centers for Disease Control and Prevention has sent a nine-person team to Colorado to help in the investigation, at the state’s request, CDC officials said. This cases earlier this year were among dairy farm workers in Michigan, Texas and Colorado. As of Friday, the H5N1 virus has been confirmed in 152 dairy herds in 12 states, according to the US Agriculture Department. Hundreds of commercial poultry flocks in more than 30 states have reported H5N1 or other types of bird flu. Health officials continue to characterize the threat to the general public as low and the virus has not spread between people. But officials are keeping careful watch, because earlier versions of the same virus have been deadly to people.
DOL secures injunction to protect whistleblowing staff from employer retaliation
An injunction gained by the Department of Labor that stops the US Postal Service from retaliating against employees at up to 59 locations in the State of Washington could have wider repercussions in terms of protecting employees who ‘speak up’. After three separate investigations, the Occupational Safety and Health Administration (OSHA) concluded that the USPS improperly fired three probationary workers in East Vancouver, Seattle and Tacoma after they reported workplace injuries. In turn, the department’s Office of the Solicitor filed suit against the agency, alleging violations of the OSH Act’s anti-retaliation provision. “By issuing the broadest permanent anti-retaliation injunction to date, the US District Court has recognized the US Postal Service’s pattern of ignoring its own policies and unlawfully firing probationary workers who report injuries,” explained Regional Solicitor of Labor Marc Pilotin in San Francisco. “The agency’s repeated and unlawful disregard of federal laws against employee retaliation has caused financial and emotional harm to workers and their families. This retaliatory conduct must stop at once.” The consent judgement is being seen as a significant victory in OSHA’s effort to ensure employees’ right to a safe workplace and their right to report or raise concerns about unsafe working conditions without fear of retaliation. Pilotin added: “This landmark injunction sends a clear signal to employers that retaliation — in any form — against employees who report workplace injuries will not be tolerated. The US Department of Labor will continue to enforce federal protections of workers’ rights rigorously and combat retaliation.”
