Posts with «society & culture» label

Amazon employees in Maryland say they were fired for organizing workers

Amazon is once again facing allegations of firing union organizers. The Washington Postreports employee group Amazonians United has filed National Labor Relations Board charges accusing Amazon of illegally firing two workers at a Maryland warehouse for labor organizing. The staff at the DMD9 delivery outpost in Upper Marlboro allegedly lost their jobs for both collecting petition signatures and promoting a large-scale walkout protest in March.

The petitions, created in August and December of 2021, pushed for improved working conditions that included healthier food, less restrictive bathroom breaks and pay raises that had been granted at other facilities. The August petition led to some changes, but Amazon's refusal to budge on the December petition prompted the March walkouts. One of the fired employees, Jackie Davis, said she was fired weeks later without a clear or justified reason.

Company spokeswoman Kelly Nantel denied any wrongdoing in a statement to The Post. Amazon fired Davis for "time theft" and not being at the facility after clocking in, the representative claimed. Nantel also maintained that worker support for a movement "doesn't factor" into terminating employment, and that the staffers simply didn't meet "basic expectations."

The charges come in the wake of numerous accusations of anti-union activity on Amazon's part. The NLRB found that Amazon illegally fired a New York union organizer last fall, while two workers at a Staten Island warehouse claimed they were fired for helping to organize the first successful Amazon union election. The tech pioneer has also been accused of intimidation tactics that include threats of lower pay, labeling labor organizers as "thugs" and multiple attempts at interfering with union votes. In 2021, Amazon spent $4.3 million on consultants known for thwarting unionization campaigns.

Whatever the reasons for these latest firings, it may be difficult for Amazon to avoid pressure to change. Amazonians United has secured some improvements by replacing conventional union strategies with grassroots relationship building and pressing for smaller material gains. This won't necessarily lead to more successful unionization efforts, but it won't be surprising if there are more reforms.

Former Tesla contractor rejects $15 million payout in racial abuse lawsuit

Last year Owen Diaz, a former contracted elevator operator at Tesla’s Fremont assembly plant, successfully sued the automaker for creating a hostile, racially abusive work environment, and was awarded $137 million by the jury. That award was winnowed down to just $15 million by a judge who gave Diaz two weeks to accept or reject the new amount. As reported by Bloomberg, lawyers for Diaz have taken the latter option.

“In rejecting the court’s excessive reduction by asking for a new trial, Mr. Diaz is again asking a jury of his peers to evaluate what Tesla did to him and to provide just compensation for the torrent of racist slurs that was directed at him,” wrote Diaz’s lawyers in a statement to NBC News.

The lawsuit, which was originally filed in 2017, described a work environment where Black workers were regularly subjected to racial slurs and other abuse, with at least one supervisor allegedly telling Diaz to "go back to Africa" — issues which he also claims the company was negligent in addressing. Tesla has pushed back against some of Diaz’s claims, arguing that it took timely action to stop the harassment, as well as claiming these racial slurs were "used in a “friendly” manner and usually by African-American colleagues." It also argued that it was not liable for how Diaz was treated given his status as a contractor.

Last year a jury awarded Diaz a total of $6.9 million of compensatory damages and $130 million of punitive damages, which likely would have amounted to one of the largest payouts in a corporate racial discrimination lawsuit. US District Judge William Orrick, in an opinion filed in April, rejected Tesla’s claims that it was not liable for a contract employee, but also slashed the award amount, calling it “excessive.” He reduced the amount of compensatory damages to $1.5 million and punitive damages to $13.5 million. Since Diaz's lawyers have now rejected the award, the case will proceed to a new trial.

The automaker is also facing another lawsuit filed by the California Department of Fair Employment and Housing on the behalf of more than 4,000 former and current Black Tesla employees. According to three former Tesla workers interviewed by the Los Angeles Times, Black workers at the Fremont facility were segregated, given the most difficult tasks and subject to more discipline than other workers.

Meta settles US lawsuit over housing discrimination

Meta has agreed to settle 2019 charges that it enabled housing discrimination through ad targeting. The deal with the Justice Department will have the company end use of a "Special Ad Audiences" tool that allegedly used a discrimination-prone algorithm to widen the reach of housing ads on Facebook. Meta is instead developing a new method, the "variance reduction system," to ensure home ads match their eligible targeted viewers.

The decision to retire Special Ad Audiences also applies to credit and employment ads, Meta added. The company said all three categories were part of a "deep-rooted problem" with discrimination in the US.

This is the first time the DOJ has used a case to tackle algorithmic biases under the Fair Housing Act, according to officials. Meta said it collaborated with the Department of Housing and Urban Development for over a year to more accurately target ads and avoid discrimination. The new system will also be subject to DOJ approval and monitoring.

The firm had already limited ad targeting in 2019 after settling another lawsuit accusing it of violating housing discrimination law. Advertisers haven't been allowed to target campaigns based on age, gender or ZIP code. Special Ad Audiences was launched at the same time to help address issues with a previous system, but Meta said its algorithms needed to adapt to ensure fairness.

A settlement isn't shocking. Meta has faced other accusations of allowing problematic ad targeting in fields like politics. Other tech heavyweights have also faced penalties. The Federal Trade Commission slapped Twitter with a $150 million fine for reportedly "deceptive" ad targeting that relied on sensitive contact information. The agreement could help Meta avoid similar punishments, and suggests it's willing to cooperate when ad systems come under scrutiny.

Apple Store employees in Maryland vote to unionize

Apple Store employees at the company’s Towson Town Center location in Maryland have voted to unionize. According to the Coalition of Organized Retail Employees (AppleCore), the group that led the unionization effort, workers voted "overwhelming" in favor of joining the International Association of Machinists and Aerospace Workers (IAM). With the historic vote, Towson Town Center should become the first unionized Apple Store in the US. 

“I applaud the courage displayed by CORE members at the Apple store in Towson for achieving this historic victory,” said IAM International President Robert Martinez Jr. in a statement following the vote.“They made a huge sacrifice for thousands of Apple employees across the nation who had all eyes on this election. I ask Apple CEO Tim Cook to respect the election results and fast-track a first contract for the dedicated IAM CORE Apple employees in Towson. This victory shows the growing demand for unions at Apple stores and different industries across our nation.”

We did it Towson! We won our union vote! Thanks to all who worked so hard and all who supported! Now we celebrate with @machinistsunion. Tomorrow we keep organizing.
 
#unionizeapple#1u

— acoreunion (@acoreunion) June 19, 2022

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Former Amazon engineer convicted in 2019 Capital One data breach

A Seattle jury has found Paige Thompson, a former Amazon software engineer accused of stealing data from Capital One in 2019, guilty of wire fraud and five counts of unauthorized access to a protected computer. The Capital One hack was one of the biggest security breaches in the US and compromised the data of 100 million people in the country, along with 6 million people in Canada. Thompson was arrested in July that year after a GitHub user saw her post on the website sharing information about stealing data from servers storing Capital One information. 

According to the Department of Justice, Thompson used a tool she built herself to scan Amazon Web Services for misconfigured accounts. She then allegedly used those accounts to infiltrate Capital One's servers and download over 100 million people's data. The jury has decided that Thompson violated the Computer Fraud and Abuse Act by doing so, but her lawyers argued that she used the same tools and method also used by ethical hackers.

The Justice Department recently amended the Computer Fraud and Abuse Act to protect ethical or white hat hackers. As long as researchers are investigating or fixing vulnerabilities in "good faith" and aren't using the security holes they discover for extortion or other malicious purposes, they can no longer be charged under the law.

US authorities, however, disagreed with the assertion that she was only trying to expose Capital One's vulnerabilities. The Justice Department said she planted cryptocurrency mining software onto the bank's servers and sent the earnings straight to her digital wallet. She also allegedly bragged about the hack on online forums. 

"Far from being an ethical hacker trying to help companies with their computer security, she exploited mistakes to steal valuable data and sought to enrich herself," US Attorney Nick Brown said. Thompson could be sentenced with up to 20 years of prison time for wire fraud and up to five years for each charge of illegally accessing a protected computer. Her sentencing hearing is scheduled for September 15th.

UK government approves Julian Assange's extradition to the US

Wikileaks co-founder Julian Assange's extradition to the US has been approved by UK home secretary Priti Patel, according to a UK government factsheet. "Under the Extradition Act 2003, the secretary of state must sign an extradition order if there are no grounds to prohibit the order being made," a Home Office spokesperson said in a statement. "In this case, the UK courts have not found that it would be oppressive, unjust or an abuse of process to extradite Mr. Assange."

Nor have they found that extradition would be incompatible with his human rights, including his right to a fair trial and to freedom of expression, and that whilst in the US he will be treated appropriately, including in relation to his health.

The announcement was expected after a UK court issued a formal order to extradite Assange in April, a necessary legal step required before the government can act. "Extradition requests are only sent to the home secretary once a judge decides it can proceed after considering various aspects of the case," the spokesperson stated. 

After the earlier trial, Assange's team would have had the opportunity to submit information to sway Patel, but that apparently failed to move her. The order isn't necessarily the final word on the case, though. Assange's legal team is expected to appeal within the 14-day window allowed, likely on the grounds of freedom of expression and whether the order was politically motivated. 

It's not unprecedented for such appeals to be successful, either. Alleged British hacker Lauri Love won his US extradition appeal on human rights grounds, arguing that the order would have caused his Asperger's condition to deteriorate. 

Automotive giant Stellantis pleads guilty to diesel emissions fraud

As expected, Stellantis, the parent company of Dodge and Jeep, has pleaded guilty to criminal conspiracy charges related to its efforts to conceal the amount of pollution produced by its diesel engines. The world’s fifth-largest automaker agreed this week to pay $300 million in penalties to end a multi-year investigation by the US Justice Department, Reutersreported on Friday.

Federal prosecutors accused Stellantis of violating the Clean Air Act, alleging the automaker attempted to deceive US regulators by selling vehicles it knew did not meet national emissions standards. The Justice Department said Fiat Chrysler Automobiles, which merged with Peugeot parent company PSA to form Stellantis in 2021, installed illegal software designed to cheat government emissions tests.

According to the agency, the company “purposely” programmed its cars to produce fewer emissions during testing than under normal circumstances. The settlement covers approximately 100,000 vehicles sold in the US between 2014 and 2016, including SUVs and pickup trucks produced by the automaker for its Jeep and Ram brands.

In addition to paying a fine, Stellantis has agreed to submit Clean Air Act compliance reports to the Justice Department as part of a three-year probation period. Additionally, three Stellantis employees are awaiting trial for criminal charges related to the case. The deal comes five years after Volkswagen famously pleaded guilty to its own emissions scandal. “Dieselgate” saw the German automaker eventually pay more than $20 billion in fines and legal settlements.

Activision Blizzard faces unfair labor practices complaint over staff unionization efforts

The Communications Workers of America has filed an unfair labor practices complaint against Activision Blizzard, accusing the company of retaliating against workers over their unionization efforts. If you'll recall, the quality assurance workers at the Activision studio Raven Software announced their plans to unionize in January. That's after Activision laid off 12 of its QA contractors despite Raven asking to keep them on. Workers at the studio went on strike following the event, demanding that all contractors be hired as full-time employees. 

In its complaint filed with the National Labor Relations Board, the CWA accused the company of violating federal law by terminating those QA workers. The group also pointed out that Activision reorganized the studio by disbanding the QA team and embedding testers in other departments just mere days after they requested union recognition. In addition, Activision Blizzard allegedly withheld pays and benefits in April in response to the workers' unionization efforts. 

According to previous reports, the company also actively and strongly discouraged workers from voting to unionize. Union organizer Jessica Gonzalez revealed on Twitter back in January that Activision VP of QA Chris Arends posted a message on a locked Slack channel diminishing the benefits of unionization. "A union doesn't do anything to help us produce world-class games, and the bargaining process is not typically quick, often reduces flexibility, and can be adversarial and lead to negative publicity," Arends wrote

A piece by The Washington Postalso said that company leadership held town meetings to dissuade workers from organizing and sent out emails with a message that says "Please vote no." Those efforts had failed, and CWA won the election to unionize at Raven with a vote of 19 to 3. Xbox head Phil Spencer reportedly said before the vote that he would recognize a Raven union once Microsoft's acquisition of the developer is complete.

Game Workers Alliance/CWA organizing committee members Erin Hall, Lau Nebel-Malone and Marie Carroll said:

"The reorganization and withholding of pay raises and other benefits and the company's failure to rehire laid off QA testers were clearly attempts by Activision to intimidate us and interfere with our union election in violation of the National Labor Relations Act."

Meanwhile, an Activision spokesperson disputed the allegations in a statement sent to Bloomberg:

"We respect and believe in the right of all employees to decide whether or not to support or vote for a union, and retaliation of any kind is not tolerated."

As the news organization notes, complaints filed with the NLRB are investigation by regional offices. In case they're found to have merit and aren't settled, they can be prosecuted by the agency's general counsel.

Apple Store workers in Georgia call off union vote over intimidation claims

Less than a week before its scheduled date, the Communications Workers of America (CWA) have decided to withdraw a formal vote on unionization for Apple Store employees at Atlanta's Cumberland Mall location. As first reported by Bloomberg, the union — which has recentlyinvestedheavily in organizing tech workers — opted to hold back as a result of what it called "Apple’s repeated violations of the National Labor Relations Act." 

The withdrawal follows weeks of escalating tensions between Apple and its retail staff. Shortly after Cumberland had gone public with its intentions it was reported Apple had retained Littler Mendelson, the same law firm Starbucks — which is undergoing a wave of store unionizations — has engaged. The firm's website states: "we excel in union avoidance." Shortly after, Apple corporate began circulating anti-union talking points to managers and Atlanta workers claim they were being force into so-called "captive audience meetings," a hallmark of union-busting campaigns. Earlier this week, audio leaked of an Apple VP, Deirdre O’Brien, expressing why she believed a union was a poor fit for the company. That message was reportedly sent to all 65,000 of Apple's retail staffers.

In a statement today, CWA stated that Apple's actions "have made a free and fair election impossible.” The group also expressed concern that COVID cases among the store's staff might further jeopardize their ability to vote in person. 

One of the most significant reasons behind Cumberland staffers' decision to organize has been simple economics. In talking with Engadget, one of the store's workers, Elli Daniels, described stagnant wages that had failed to keep pace with either national inflation or local increases to cost of living. Notably, Apple has been one of the few companies to thrive under pandemic conditions, posting several consecutive record-breaking quarters. 

Perhaps in an effort to stave off unrest among retail staff (Cumberland is onlyone of the stores currently exploring unionization) Apple has stated it will increase pay to a starting wage of $22 per hour. “We are pleased to offer very strong compensation and benefits for full-time and part-time employees, including health care, tuition reimbursement, new parental leave, paid family leave, annual stock grants and many other benefits,” Apple told press today in a statement. (The pay increase, incidentally, was reported several hours after the aforementioned union-avoidance audio leaked to press.)

While an immediate setback, the withdrawal does not preclude CWA from attempting another union election — though it will have to wait at least six months to refile.

Apple VP tries to persuade employees against unionizing in leaked video

Apple’s vice president of people and retail Deirdre O’Brien tried to dissuade the company’s employees from joining a union in an internal video leaked to several media outlets. In the video — which was sent to all of Apple’s 65,000 retail employees in the US — O’Brien tells workers that a union would slow down the company’s efforts to address worker concerns.

“We have a relationship that’s based on an open and collaborative and direct engagement, which I feel could fundamentally change if a store is represented by a union under a collective bargaining agreement. To put another organization in the middle of our relationship that does not have a deep understanding of Apple or our business. And one that I do not believe shares our commitment to you,” she said in the video.

Unionization efforts are currently underway at a number of US Apple retail stores following months of worker-led protests over low pay and long hours, including union drives occurring in retail stores in Towson, Maryland, Atlanta, and New York City. A number of retail workers recently accused the company of union-busting. Earlier this month the Communication Workers of America — the union which is seeking to represent workers at the Atlanta location — filed an Unfair Labor Practice filing with the NLRB, accusing the company of holding mandatory “captive audience” meetings with bargaining unit employees.

BREAKING: Apple's head of retail Deirdre O'Brien sent an anti-union video to all of Apple's retail stores in the U.S. on Tuesday.

In the leaked video, she falsely claims that if workers unionize, Apple may not be able to provide "immediate, widespread" benefits going forward. pic.twitter.com/lqREw5kZcJ

— More Perfect Union (@MorePerfectUS) May 25, 2022

O’Brien emphasized that a union would block Apple’s efforts to respond swiftly to worker concerns. “Apple moves incredibly fast,” she said in the video. “It’s one thing I love about our work in retail. It means that we need to be able to move fast too. And I worry that because the union will bring its own legally mandated rules that would determine how we work through issues it could make it harder for us to act swiftly to address things that you raise."

The tech giant in February announced it would expand its benefits for US retail employees, including offering paid parental leave and more sick days. It also raised the pay for a number of retail employees. But critics say that the company took these steps amidst a tightening labor market, after years of media coverage and complaints from Apple’s retail workers about the low pay and strenuous work environment.