Posts with «society & culture» label

Jeep parent company Stellantis will reportedly plead guilty to emissions fraud

The world’s fifth-largest automaker will reportedly soon plead guilty to end a multi-year investigation into its efforts to conceal the amount of pollution created by its diesel engines. According to Reuters, the US Justice Department and Dodge parent company Stellantis could announce as early as next week that the automaker has agreed to pay $300 million to settle allegations of crminal fraud. Stellantis declined to comment on the report.

The Justice Department began investigating Stellantis around 2019 when the automaker recalled nearly 1 million vehicles in the US and Canada for not meeting federal tailpipe emission standards. As of last year, the agency has announced criminal charges for just three Stellantis employees. The probe involved approximately 100,000 Ram pickup trucks and Jeep SUVs sold in the US.

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 for installing illegal software designed to cheat government emissions tests. Since then, sales of diesel vehicles have plummeted in Europe and other parts of the world.

Activision Blizzard employees form a committee to fight workplace discrimination

A dozen current and former Activision Blizzard employees have formed a committee aimed at protecting workers from discriminatory practices at the studio, outlining a list of demands for CEO Bobby Kotick, newly appointed diversity officer Kristen Hines and chief human resources officer Julie Hodges. 

As detailed by The Washington Post, the group's demands include ending mandatory arbitration in discrimination cases, improving on-site lactation rooms, protecting workers from retaliation, increasing support for trans employees and instituting independent investigations in cases of discrimination, including sexual harassment. The employee group, called the Worker Committee Against Sex and Gender Discrimination, submitted their demands to the studio's leadership team today.

The committee specifically demands private lactation rooms and appropriate storage spaces for breastmilk and pumping equipment. Breastfeeding workers at Activision Blizzard have documented their issues with the studio's lactation rooms, describing them as filthy, uncomfortable and poorly secured. Employees said fridges for breast milk were also used to store beer, that people pumping often had to sit on the floor and that breast milk was sometimes stolen. In regards to trans rights, the group demands the creation of a trans network similar to the in-house women's resource network and for software tools to be wiped of employees' deadnames.

In response to the formal call for change, an Activision Blizzard spokesperson told the Post that the studio appreciated hearing employees' concerns, and outlined a few changes that had already been made to improve lactation rooms, the arbitration process and channels of communication.

Activision Blizzard executives have been accused of cultivating a sexist, discriminatory workplace in multiple lawsuits over the past year. California's Department of Fair Employment and Housing first sued Activision Blizzard in July 2021 after conducting a two-year investigation into allegations of unchecked sexual harassment, gender-based discrimination and a pervasive "frat boy culture" at the studio. The US Equal Employment Opportunity Commission, a federal group, followed up with a similar lawsuit against Activision Blizzard in September 2021. Activision Blizzard settled the federal EEOC lawsuit this March, agreeing to establish an $18 million fund to compensate employees who experienced discrimination at the studio.

The workers’ demands include:
-End of all mandatory arbitration
-Independent Investigations for all claims of discrimination including sexual harassment
- Lactation Protections
- Trans Protections
- Protection from retaliation and more

— CODE-CWA (@CODE_CWA) May 24, 2022

Backed by the Communications Workers of America, Activision Blizzard employees have been advocating for change and unionization — to some degree of success — since the lawsuits were filed. CWA called the $18 million settlement "woefully inadequate," arguing it would provide the maximum compensation to just 60 workers, when there were likely hundreds of claimants. 

Former Activision Blizzard employee and campaign organizer for the tech-industry group CODE-CWA, Jessica Gonzalez, appealed the $18 million settlement this week, seeking an increase in compensation. Gonzalez is one of the 12 employees in the Worker Committee Against Sex and Gender Discrimination. 

An additional lawsuit accusing Activision Blizzard of sexual harassment, discrimination and retaliation was filed this week by a current employee. And there's the wide-ranging investigation into the studio's workplace practices currently underway at the Securities and Exchange Commission.

New Jersey Attorney General also investigating Discord and Twitch after Buffalo shooting

New Jersey’s Acting Attorney General has launched a probe into Twitch and Discord to see if the platforms broke laws on hateful and extremist content following a recent mass shooting in Buffalo. In an announcement published Monday, New Jersey's Acting Attorney General Matthew Platkin wrote that the purpose of the investigation was to find out if policy or moderation failures allowed the platforms to become vectors for spreading extremist content, especially among young people. The investigation follows a similar one launched by New York Attorney General Letitia James last week.

The 18-year-old who has been charged with shooting 13 people at a Tops supermarket, killing 10—used Discord to spread his white supremacist ideology, and broadcast the attack live on Twitch. Across a swath of posts online, he credited racist memes and discussions on 4chan with inspiring him to specifically target Black people for deadly violence. Eleven of the Buffalo shooting victims were Black. The events of May 14 have been called a "hate crime" and "an act of racially motivated violent extremism," by Attorney General Merrick Garland, and are being investigated by the Department of Justice. The suspect, who Engadget is choosing not to name so as not to further add to the infamy he appeared to seek, has plead not guilty to first-degree murder.

“These social media platforms have enormous reach, especially with young people, and have shown themselves to be staging grounds for hateful and extremist content that may radicalize children and others,” said Acting AG Platkin. “New Jersey has a substantial interest in investigating how these companies moderate and prohibit content that may harm consumers. Under New Jersey law companies must deliver on their promises, and the persistence of violent extremism and hateful conduct on these platforms casts doubt on their purported content moderation and enforcement policies and practices.”

In a blog post, Discord revealed that the alleged shooter kept a diary of his plans on a private server on the platform. Roughly half an hour before the attack, he shared an invitation to the server "within a small number of other private servers and direct messages." In total, 15 users clicked on his invite, according to the company. The suspect also live-streamed the attack on Twitch with the assistance of a Go-Pro camera attached to a helmet. Twitch removed the original livestream two minutes after it was posted, and approximately 22 viewers were watching at the time of broadcasting. Copies of the footage, however, have continued to proliferate on a variety of social media platforms.

A Discord spokesperson told that the company plans to cooperate with the New Jersey attorney general’s investigation. Engadget has also reached out to Twitch for comment, which did not provide a response by the time of publication.

It’s unclear whether New York and New Jersey will coordinate their investigations. (Engadget reached out to the New Jersey attorney general’s office, and will update if we receive a response.) While New York under state executive laws that allow for investigations into "matters concerning public peace, public safety, and public justice," New Jersey is instead leveraging the state's Consumer Fraud Act. “Companies cannot advertise that they will do one thing, then do another," Cari Fais, New Jersey's Acting Director of the Division of Consumer Affairs, said. "If these platforms represent that they will proactively moderate or prohibit violent extremism and hate, and then let it flourish unchecked with potentially harmful or even deadly consequences, it is unlawful.” 

'Call of Duty Warzone' quality assurance workers vote to unionize

Quality assurance workers at Activision Blizzard studio Raven Software have voted to unionize, becoming the first such group to do so at a major gaming publisher in North America. The National Labor Relations board counted the ballots on Monday — 19 workers voted in favor of the union and three voted against. Two ballots were challenged, though they weren't sufficient enough to affect the result. There were 28 eligible voters and no void ballots.

In December, 60 workers (including contractors and full-time employees) at the Call of Duty support studio went on strike after it laid off 12 QA testers. They demanded that the company hire those workers back. The strike ended the following month, but not before the QA workers announced plans to unionize with the Communication Workers of America (CWA). Once they were back at work, Raven split them up among various departments, in an apparent attempt to make their unionization efforts more difficult.

The workers asked Activision Blizzard to voluntarily recognize their union, which they called the Game Workers Alliance. However, the company declined to do so. Last month, the National Labor Relations Board gave the workers the go-ahead to hold a union election.

Activision Blizzard has been accused of union busting. Last July, it hired the law firm WilmerHale, which has reportedly engaged in efforts to stamp out union drives at Amazon and other companies, to review its human resources policies. It also shared anti-union messaging in company Slack channels.

In April, Activision Blizzard said it was hiring 1,100 QA workers on a full-time basis, increasing their pay in many cases and providing benefits. However, it claimed the Raven QA workers were not eligible “due to legal obligations under the National Labor Relations Act.”

Earlier on Monday, the NRLB determined that Activision Blizzard violated the National Labor Relations Act. It claimed the company threatened employees who sought to organize and imposed an 'overbroad social media policy.'

Activision Blizzard is being bought by Microsoft for $68.7 billion, pending regulatory approval. Microsoft has said it "will not stand in the way if Activision Blizzard recognizes a union." The company told Axios in March that it “respects Activision Blizzard employees’ right to choose whether to be represented by a labor organization and we will honor those decisions.”

NLRB accuses Activision Blizzard of violating labor law by threatening employees

A regional director for the National Labor Relations Board has determined there's "merit to the allegations" that Activision Blizzard violated the National Labor Relations Act. It says there are indications the company and its subsidiaries Blizzard Entertainment and Activision Publishing maintained an "overbroad social media policy" and that Blizzard threatened employees who were exercising their right to organize. The findings were first reported by Bloomberg and confirmed to Engadget.

“These allegations are false. Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees’ NLRA rights," an Activision Blizzard spokesperson told Engadget in a statement. "Our social media policy explicitly says that it ‘does not restrict employees from engaging in the communication of information protected by law, including for example, rights of employees in the United States protected by the National Labor Relations Act.’”

If the company does not settle the case, the NLRB's Los Angeles office will file a complaint. That will lead to a hearing in front of an NLRB Administrative Law Judge (unless a settlement is reached in the meantime).

While the agency can't impose punitive measures against a defendant, it can require them to reverse punishments or policies; reinstate fired workers and provide backpay; or post notices containing promises not to break the law. An NLRB regional director can petition a district court for a temporary injunction if workers' rights have been violated. The agency can also file cases in federal court.

The allegations were made in September by the Communications Workers of America (CWA). It accused Activision Blizzard in an Unfair Labor Practice filing of telling employees they can't discuss wages, hours or working conditions; enforcing an "an overly broad social media policy" against workers who "engaged in protected concerted activity" (i.e. their right to organize or discuss unionization); and threatening or suveilling such employees.

The news comes on the same day that votes will be counted in a Raven Software union election. Quality assurance workers at the Activision Blizzard studio, who are organizing with the CWA as the Game Workers Alliance, got the go-ahead from the NLRB to hold a vote. If they're successful, the group of 21 or so workers will form the first union at a AAA game publisher in North America, despite the company's reported attempts to stymie their efforts.

Activision Blizzard's labor practices came under intense scrutiny last July when California’s Department of Fair Employment and Housing accused it in a lawsuit of fostering a "frat boy" culture where sexual harassment and discrimination were present. Other suits have been filed against the company since, including a wrongful death case.

In the wake of the initial suit, Activision Blizzard workers formed an employee advocacy group called A Better ABK. They used social media to organize and share their concerns and demands publicly.

The company is the subject of a proposed $68.7 billion takeover by Microsoft. Its shareholders voted in favor of the deal last month, but regulatory approval is still required.

Update 5/23 3:10PM ET: Added Activision Blizzard's statement.

A second Apple Store union election will take place next month

Employees at an Apple Store in Towson, Maryland have set a date for their union election. Workers at the Towson Town Center location will vote in person over four days, starting on June 15th.

The organizers call themselves Coalition of Organized Retail Employees (AppleCore). They're aiming to unionize with the International Association of Machinists and Aerospace Workers. 

In a letter to Apple CEO Tim Cook, the group said "a solid majority" of staff supports the union drive. They said they are organizing "because of a deep love of our role as workers within the company and out of care for the company itself." They want "access to rights that we do not currently have" and for Apple to apply the same neutrality agreements it has with suppliers to workers, "so that as employees we can obtain our rights to information and collective bargaining that the law affords us through unionization."

They will be the second group of Apple Store workers to stage a union election. Those at the Cumberland Mall location in Atlanta will vote in early June on whether to join the Communications Workers of America (CWA).

Employees at Apple Stores other than the Towson and Atlanta locations are conducting union drives as well. Workers at the Grand Central Terminal store in New York City have been collecting signatures for a union vote.

While Apple has agreed to the elections in Maryland and Georgia, the company is reportedly fighting unionization efforts. It's said to have hired the same anti-union law firm as Starbucks. The company has also reportedly used anti-union talking points in pre-shift meetings at some locations. This week, workers at two stores accused Apple of union busting in Unfair Labor Practice filings.

DOJ says security researchers won't face hacking charges

The Justice Department doesn't want security researchers facing federal charges when they expose security flaws. The department has revised its policy to indicate that researchers, ethical hackers and other well-intentioned people won't be charged under the Computer Fraud and Abuse Act if they're investigating, testing or fixing vulnerabilities in "good faith." You're safe as long as you aren't hurting others and use the knowledge to bolster the security of a product, the DOJ said.

The government made clear that bad actors couldn't use research as a "free pass." They'll still face trouble if they use newly-discovered security holes for extortion or other malicious purposes, regardless of what they claim.

This revised policy is limited to federal prosecutors, and won't spare researchers from state-level charges. It does provide "clarity" that was missing in the earlier 2014 guidelines, though, and might help courts that weren't sure of how to handle ethical hacking cases.

It's also a not-so-subtle message to officials who might abuse the threat of criminal charges to silence critics. In October 2021, for instance, Missouri Governor Mike Parson threatened a reporter with prosecution for pointing out a website flaw that required no hacking whatsoever. The DOJ's new policy might not completely deter threats like Parson's, but it could make their words relatively harmless.

Apple Store workers at the World Trade Center accuse the company of union busting

The Communications Workers of America has filed a second Unfair Labor Practice charge against Apple this week. This time, the labor union is accusing the tech giant of violating multiple federal labor laws at its flagship World Trade Center store. The complaint alleges that Apple interrogated workers at the WTC store regarding their "protected concerted activities." Apple also allegedly monitored those activities, or at least made employees believe that they were being monitored. Based on the group's filing, those incidents happened on or about May 3rd. 

By May 15th, the group said Apple "unlawfully implemented" a rule at the store that prohibits employees from posting union flyers in work areas during their breaks. Further, it's accusing the tech giant of conducting "captive-audience" speeches designed to discourage them from unionizing. 

Earlier this year, Apple Store workers across the US started planning to unionize in an effort to get the company to increase their pay, which they claim isn't keeping up with the cost of living. Apple reportedly hired anti-union law firm Littler Mendelson, which counts Starbucks and McDonald's as clients, in response. According to a Motherboard report, the company also recently started arming its Store managers with anti-union talking points. They were apparently instructed to tell employees that they could lose career opportunities, as well as personal time off and work flexibility, if they join a union. 

The Communications Workers of America also filed an Unfair Labor Practice complaint against Apple on behalf of workers at the Cumberland Mall store on May 17th. In it, the group accused the company of holding mandatory captive audience meetings regarding the upcoming union election for the Atlanta location that's scheduled to take place in early June. 

Tim Dubnau, CWA's Deputy Organizing Director, said:

"Apple retail workers across the country are demanding a voice on the job and a seat at the table. Unfortunately, and in contradiction to its stated values, Apple has responded like a typical American corporation with heavy-handed tactics designed to intimidate and coerce workers. The best thing Apple can do is allow workers to choose for themselves whether or not they want a union. When we learn of situations where Apple is violating labor law, we intend to hold the company accountable and help the workers defend their rights under the law."

A pregnant worker and labor activist says Amazon made her pick up trash alone

Two Amazon employees have accused the company of retaliating against them for their efforts to organize workers at a warehouse in Liverpool, New York. Ashley Mercer and Jason Main filed an unfair labor practice complaint with the National Labor Relations Board (NLRB) on May 17th.

According to Vice News, Amazon tasked Mercer last week with picking up cigarette butts, broken glass and other discarded trash in the parking lot of its SYR1 warehouse in Liverpool. Mercer told the outlet her manager sent her out alone and without water or sunscreen on a day when the temperature went above 80 degrees Fahrenheit. Making the optics of the situation worse, Mercer is about six months pregnant, putting her at the end of her second trimester. “Approved for 10 hours parking lot clean-up,” an accommodation report obtained by Vice states. 

On the same day, the company suspended Mercer's partner, Jason Main, who is also named in the NLRB complaint. Amazon later fired him for reportedly not using a step stool for moving merchandise. Mercer and Main have both been involved in agitating on behalf of the Amazon Labor Union (ALU) at a variety of warehouses in New York. Additionally, the two have come to work at the Liverpool facility wearing ALU-branded shirts and masks, while Mercer has also done the same at two warehouses in nearby Syracuse, and passed out leaflets at JFK8, the Staten Island facility that became the first unionized Amazon warehouse in the US last month.

“It wasn't until I started mentioning that I am part of Amazon Labor Union that they pulled me out of my position and put me outside the building,” Mercer told Vice. “I think it’s retaliation because I’m a big part of [the ALU] and it feels like as soon as you bring up the union, they treat you differently.”

We’ve reached out to Amazon for comment.

Amazon has yet to recognize the ALU. In April, the company challenged the result of the JFK8 vote, accusing the organization of threatening employees unless they voted to unionize. It also recently fired two employees who were involved in organizing that facility, and ALU itself was born out of the company’s termination of founder Christian Smalls, a former worker at the JFK8 facility.

Apple Store employees accuse company of union busting

Apple Store employees who are organizing in Atlanta have accused the company of union busting and violating the National Labor Relations Act. The Communications Workers of America submitted an Unfair Labor Practice filing on behalf of workers at the Cumberland Mall store, who say Apple has conducted captive audience meetings in an attempt to fight their union drive.

For decades, companies have been allowed to conduct captive audience meetings until 24 hours before a union election begins. Employers typically use these mandatory meetings to deliver anti-union messaging.

However, as The Verge notes, National Labor Relations Board general counsel Jennifer Abruzzo claimed in a memo last month that such meetings are in violation of the National Labor Relations Act. "Forcing employees to listen to such employer speech under threat of discipline — directly leveraging the employees’ dependence on their jobs — plainly chills employees’ protected right to refrain from listening to this speech," Abruzzo wrote.

The Cumberland Mall Apple Store workers filed for a union election with the NLRB last month. The election is set for early June. The workers said that while they "love this company," they are fighting for better pay and benefits, among other things.

Union drives are in progress at other Apple Store locations. Earlier this month, it was reported that Apple gave retail store managers anti-union talking points to use in daily "download" meetings that take place before shifts.

Engadget has contacted Apple and the CWA for comment.