Posts with «society & culture» label

Final former eBay employee involved in bizarre EcommerceBytes harassment case pleads guilty

Earlier this week, David Harville, one of seven former eBay employees involved in a 2020 campaign to harass the creators of a newsletter critical of the e-commerce company, pleaded guilty to five federal felony charges, ending one of the most bizarre episodes in recent tech history.

In June 2020, the US Department of Justice charged six former eBay employees, including Harville, with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. Of the group, Harville was the final employee to admit involvement in the harassment campaign that targeted Ina and David Steiner, The Associated Press reported on Thursday.

In 2019, the Massachusetts couple published an article in their EcommerceBytes newsletter about litigation involving eBay. Responding to what they considered negative coverage of the company, the group carried out a harassment campaign that involved, among other actions, sending the couple a preserved fetal pig, live spiders and a funeral wreath. They also created fake social media accounts to send threatening messages to the Steiners and share their home address online.

According to the Department of Justice’s original 2020 filing, part of Harville’s involvement in the campaign included a plot to install a GPS tracking device on the Steiner’s car. Harville, alongside James Baugh, one of the other former employees charged in the scheme, carried with them fake documents allegedly designed to show the two were investigating the Steiners for threatening eBay executives.

Last July, a federal judge sentenced Philip Cooke, the first of the seven former employees convicted in the scheme, to 18 months in prison. At the time, US District Judge Allison Burroughs called the entire case “just nuts.” That same summer, the Steiners sued several eBay employees, including former CEO Devin Wenig, for carrying out a conspiracy to “intimidate, threaten to kill, torture, terrorize, stalk and silence them.” Wenig has denied having any knowledge of the campaign.

TikTok faces lawsuit over 'blackout challenge' content

TikTok and parent company ByteDance have been accused of negligence after the death of a 10-year-old who allegedly attempted a challenge she saw on the app. According to the wrongful death suit, Nylah Anderson was found unconscious in her bedroom in Pennsylvania on December 7th. She was taken to hospital but died after five days in pediatric intensive care.

Nylah's mother Tawainna claimed her daughter attempted the "blackout challenge," which encourages people to hold their breath or otherwise asphyxiate themselves until they pass out. Nylah saw a video about the challenge on the For You page "as a result of TikTok's algorithm," the suit said, according to NBC News. "The TikTok defendants’ algorithm determined that the deadly blackout challenge was well-tailored and likely to be of interest to 10-year-old Nylah Anderson, and she died as a result."

"I want to hold this company accountable," Tawainna said at a press conference. "It is time that these dangerous challenges come to an end, that other families don't experience the heartbreak we live every day."

TikTok said in a statement that the "disturbing" blackout challenge, "which people seem to learn about from sources other than TikTok, long predates our platform and has never been a TikTok trend. We remain vigilant in our commitment to user safety and would immediately remove related content if found. Our deepest sympathies go out to the family for their tragic loss.”

The deaths of several other children have been attributed to the challenge. In April 2021, 12-year-old Colorado boy Joshua Haileyesus died after being on life support for 19 days. His family claimed he attempted the challenge. Italy last year temporarily blocked TikTok for users who were unable to verify their age after the death of a girl who allegedly undertook the challenge.

In March, it emerged that a group of attorneys general is investigating TikTok over the potential harms that its app can cause to children and "what TikTok knew about those harms."

Apple begins arming Store managers with anti-union talking points

As workers at some of its Stores attempt to unionize, Apple is giving talking points to managers to tamp those efforts down, Vice has reported. It's telling employees that they could lose career opportunities, personal time off and work flexibility, adding that the company will pay "less attention to merit" in union stores. 

The scripts have been given to leaders at multiple Apple Stores, according to Vice. Managers have used the scripts during "downloads," or employee meetings that start shifts. "There are a lot of things to consider. One is how a union could fundamentally change the way we work," they reportedly read. "What makes a Store great is having a team that works together well. That can’t always happen when a union represents a Store’s team members."

Employees of Apple's Atlanta Cumberland Mall Store were the first to try to unionize, hoping to join the Communications Workers of America (CWA). They've complained about relatively low pay for their region, difficult working conditions and limited promotion opportunities. 

"Everybody deserves the opportunity to be able to not worry about whether they can afford food or pay their bills. Everybody deserves to be able to afford to live in the city that they work in," employee Elli Daniels told Engadget last month

Apple didn't respond directly to Vice about the report, but repeated a statement it has given before. "We are fortunate to have incredible retail team members and we deeply value everything they bring to Apple. 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," it told Vice. Engadget has reached out for comment. 

Apple has reportedly hired the same law firm Starbucks is using for its anti-union campaign and its talking point rhetoric resembles arguments used by Amazon and Starbucks during worker meetings. One Amazon union buster warned employees they could end up with lower pay after unionization, before walking that back under employee questioning. 

However, research has shown that unions improve wages and benefits compared to non-union workers in the same industries, while also narrowing race and gender disparities, as Vice noted. The Atlanta union vote is set for next month, and other stores in Maryland and New York are also reportedly pursuing unionization bids.

Intel engineers, led by a Congressional hopeful, demand a union

Intel, which is both the biggest semiconductor company by revenue and the largest private employer in Oregon, is facing an apparent bid for unionization among its exhausted engineering workforce. In a press conference Wednesday afternoon led by current engineer and Congressional hopeful Matt West, he described the employment arrangement at Intel as being "expect it to be on call at all times."

"For too long, my fellow engineers have worked 80+ hour weeks, transitioning at a whim between day shift and night shifts as management demanded. We are on call all of the time, to the point where you need a manager's approval to be more than two hours away from the factory," West said standing in front of the aforementioned factory in Hillsboro, Oregon, flanked by colleagues and local labor leaders. "If you were called at 2am on a Saturday, and you're supposed to have off, and if you don't answer that phone within 30 minutes, they call your manager instead. And there are consequences." 

According to a spokesperson for West, the organizing efforts have been ongoing for over a year, but have not been public before today. The engineering unit, which covers an estimated 350+ workers, is "the biggest unionization effort Intel has ever faced," the spokesperson wrote. 

"I once worked more than 80 hours in a week for three months straight. I only had three days off, total, in that time," West said. "I broke down. Both my mind and my body suffered. And at that point, my doctor mandated that I take a two-week emergency medical leave to recover." Once he returned to work he says he "was placed on formal notice for not having warned my manager in advance about my emergency medical leave."

In addition to working long hours — longer hours than allowed by Oregon law, according to West's office — and being asked to be available at the drop of a hat, West further accused Intel of intentionally hiring from the pool of workers who were fresh out of college or graduate school in order to have leverage over them. All this, he said, was doubly felt by those engineers who were working via H1B Visas. "They feel trapped," West said, paraphrasing conversations he's had with colleagues, "They say they cannot raise these issues themselves out of fear of deportation for them and their families."

Beyond his own experiences, West read out a number of anonymous statements from his colleagues, which recounted similar issues. One claimed that on "most days I work 10 to 16 hours," while another stated they were told to "cover a 14-hour night, shift seven nights in a row." A third wrote that "there is no proper path to promotion for high performing engineers." (Transparency around pay and promotions is another issue the union is organizing around.)

West called on Intel to sign a neutrality agreement (in effect, saying the company would not interfere with organizing efforts, subject workers to anti-union messaging, engage in captive audience meetings or other familiar tactics) and asked the company to voluntarily recognize the union. While it's not clear what union the engineers intend to join — or if, like Amazon workers in Staten Island they intend to form their own from the ground up — West's spokesperson confirmed the Intel cohort have been in touch with the Communications Workers of America. 

As mentioned, West is — outside of his job at Intel and organizing activities — on the ballot to run for the House of Representatives for Oregon's 6th district. That election takes place less than a week from today.

Engadget has reached out to Intel for comment and will update if we hear back.

Activision Blizzard reportedly sent out anti-union message ahead of voting deadline

The management at Raven Software, the Activision Blizzard subsidiary that develops Call of Duty games, has reportedly been trying to convince its employees to vote against unionization. According to The Washington Post, the Raven management has been sending out messages and holding town hall meetings ahead of the election deadline on May 20th. 

During a meeting held on April 26th, company leadership suggested that unionization might not only impede game development, but also affect promotions and benefits. After that meeting, The Post says management sent employees an email with a message that's more direct to the point: "Please vote no." The Raven employees the publication talked to said the company's efforts were ineffective, though, and that they still voted yes for unionization. 

This saga began late last year when Raven suddenly laid off around a third of the group's QA testers after months of promising better compensation. Activision Blizzard workers staged a weeks-long strike in support of the QA employees, and unionization efforts started at the same time. Since then, Activision has been trying to dissuade workers from forming a union. 

Activision VP of QA Chris Arends reportedly told team members in a Slack meeting that 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." The National Labor Relations Board granted the quality assurance testers' permission to hold a union vote in April, though, and workers have been sending in their ballots by mail over the past month. We'll soon find out if Activision's alleged union-busting efforts are effective soon enough: The NLRB will be counting the ballots via video conference on May 23rd.

Amazon fired two workers who helped organize its first union

Weeks after its workers won a union election for the first time, Amazon fired two of the employees who were involved in organization efforts. It's the first time Amazon has forced out workers involved in the union drive since the election win on April 1, according to Motherboard, though it's not whether the company took these actions in retaliation.

Mat Cusick, a warehouse worker and communications lead for the Amazon Labor Union (ALU), was on COVID-19 leave to care for a loved one when he received notice of his firing on May 3rd, he told the outlet. The reason Amazon gave was that it let go Cusick for “voluntary resignation due to job abandonment.”

Fellow organizer Tristan Dutchin said he was fired four days later for failing to meet productivity targets. "I believe it was retaliatory," Dutchin, who has been a vocal union advocate in the press, told Motherboard.

Amazon has fired workers on both sides of labor organizing drives at JFK8. In March 2020, the company terminated the employment of Chris Smalls, who led a protest over Amazon's alleged failure to protect workers from COVID-19. Smalls is now the president of ALU. In April, the company was ordered to reinstate a JFK8 worker who it fired after a protest two years earlier.

Last week, Amazon let go six senior managers who were said to have been involved in the company's anti-union efforts at JFK8. Amazon said it pushed them out as part of “management changes." Some believed they were fired as a result of the union's election win.

Amazon has challenged the election result in court. It has yet to recognize the ALU. Engadget has contacted Amazon for comment.

Amazon fires senior managers from unionized Staten Island warehouse

Amazon fired a number of senior managers from its JFK8 warehouse in Staten Island on Thursday, only a month after workers voted to unionize. The New York Times reported that the company axed more than half a dozen senior-level workers on Thursday, many of who were involved in union organizing. A number of anonymous employees told the NYT that they believed the firings were retaliatory. JFK8 is the first and currently the only unionized Amazon warehouse in the US.

In a statement to Engadget, Amazon said the workers were fired as a result of “management changes.” “Part of our culture at Amazon is to continually improve, and we believe it’s important to take time to review whether or not we’re doing the best we could be for our team. Over the last several weeks, we’ve spent time evaluating aspects of the operations and leadership at JFK8 and, as a result, have made some management changes.”

Other Amazon workers have recently gotten the pink slip, allegedly due to their union involvement. Just a couple of weeks ago, four recently terminated Amazon employees filed charges with the NLRB, alleging that they were being punished for supporting a union. Last month the NLRB ordered Amazon to reinstate Gerald Bryson, a worker at the JFK8 facility who was fired due to what Amazon alleged was his violation of a company language policy. But the NLRB’s judge was not convinced by this argument, and accused Amazon of performing a “skewed investigation” of Bryson and retaliating against him for his union work.

Just yesterday, Amazon Labor Union president Chris Smalls testified before the Senate Budget Committee and met with President Joe Biden. The Biden administration has expressed reserved support for unionization efforts by Amazon, Starbucks and other workers.

In his testimony before the Senate, Smalls argued that the federal government should avoid awarding Amazon contracts due to its labor practices. “We cannot allow Amazon or any other employer to receive taxpayer money if they engage in illegal union-busting behavior and deny workers’ rights,” said Smalls.

Blizzard's new VP will be tasked with fixing its workplace culture

Activision Blizzard is continuing a hiring spree in light of its ongoing harassment scandal. Blizzard has hired Jessica Martinez as its first Vice President of Culture. She'll both implement and expand the game studio's culture strategy, and lead a learning and development team that will help create a work environment where people feel "safe, valued" and eager to cooperate.

Martinez is a 14-year veteran of Disney, where she was a Chief of Staff and advised both the Chief Security Office and the parks' Chief Technology & Digital Officer. She was known for building a diversity- and values-focused culture, according to Blizzard, and led efforts to harmonize security when Disney bought key Fox studios and channels.

The move comes just weeks after Activision Blizzard hired diversity chief Kristen Hines. It also follows months of employee shuffles and organizational efforts in the wake of the scandal. The publisher has ousted or disciplined numerous workers for participating in or tolerating a hostile work culture, including former Blizzard president J. Allen Brack. It also launched a "Workplace Responsibility Committee" to fight discrimination and harassment. 

Whether or not these measures will be enough still isn't clear. Activision Blizzard chief Bobby Kotick has remained despite pressure to resign and a New York City lawsuit. The Communications Workers of America union, meanwhile, has filed a complaint with US labor officials accusing the company of silencing talk about harassment lawsuits. While Martinez may bring valuable cultural improvements, there's still evidence the firm is resistant to some forms of change.

Apple store near Baltimore becomes third to start union bid

Employees at an Apple store in Towson, Maryland sent a letter to CEO Tim Cook today informing him of their bid to unionize, reportedThe Washington Post. The group, which has deemed itself the Coalition of Organized Retail Employees, or AppleCore for short, represents the third Apple retail outfit reported to be in the the process of unionizing. One Apple store in Atlanta is scheduled to hold a union vote in June, and another location in New York City’s Grand Central Terminal is collecting signatures. Earlier this year The Post reported that a number of other Apple stores are quietly exploring a potential union campaign, but have yet to make their efforts public.

“As our store approaches its 20th year anniversary we think about the history of this company and how we have always been different; because we have always thought differently. Today we are asking you to do the same and to pledge not to use your resources to engage in an anti-union campaign to dissuade us,” AppleCore’s members wrote in the letter. Last month, The Vergereported that Apple contracted the major anti-union law firm, Littler Mendelson, which union organizers saw as a likely attempt to nip union efforts in the bud.

The Towson group claims to have the support of around 65 percent of eligible workers, giving them a supermajority of the store’s employees. A workplace only needs signatures from thirty percent of its employees to hold an NLRB union election, but a majority of workers must support unionization in order for a campaign to be successful. As with the other Apple stores which have gone public with their intentions to unionize, Towson workers cited a lack of flexibility in scheduling, concerns around covid safety as well as stagnating pay. Lagging pay seems particularly rankling, as Apple has posted huge gains over the pandemic, even while the economy at large slumps towards a potential recession.

In a statement to The Post, an Apple spokesperson responded to the letter. “We are fortunate to have incredible retail team members and we deeply value everything they bring to Apple. 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.”

The Towson store plans to file paperwork later this month with the National Labor Relations Board. Employees at this specific store, located in the Towson Mall, are coordinating with the International Association of Machinists and Aerospace Workers, a labor union that mostly represents the aerospace and defense industry.

Apple Store workers in Atlanta will hold union vote in June

Workers at the first US Apple Store to file for a union election will decide whether to unionize next month. According to an agreement obtained by The Verge, employees at Apple's Cumberland Mall retail location in Atlanta will begin voting on June 2nd, with the ballot box open until June 4th. All approximately 100 regular full- and part-time staff at the store will be able to participate in the election.

Citing “a source familiar with the situation,” The Verge reports Apple wanted the vote to be held in July. That was a move the Communications Workers of America (CWA), the union that seeks to represent the employees at the Cumberland Mall location, reportedly opposed on account the later date would have afforded Apple more time to attempt to dissuade workers from unionizing. We’ve reached out to Apple for comment.

Apple hasn’t explicitly come out against its frontline workers organizing, but those involved in the union drive at the company’s Grand Central Terminal location in New York have accused Apple of employing “union-busting” tactics, including messaging that has tried to convince employees that unionization isn’t in their best interests.

“We are fortunate to have incredible retail team members and we deeply value everything they bring to Apple,” the company said when news of the Grand Central Terminal drive first broke. “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.”

Among other concessions, workers at the Cumberland Mall location hope to push Apple to compensate them better, offer more opportunities for career advancement and build a safer workplace. "One of the biggest things that we're fighting for is going to be for fair pay and a livable wage, because with Atlanta being such a huge city, it's just getting more and more expensive to live here," Elli Daniels, an employee at the store, told Engadget. "Everybody deserves the opportunity to be able to not worry about whether they can afford food or pay their bills. Everybody deserves to be able to afford to live in the city that they work in."

Like the recent vote at Amazon’s JFK8 warehouse in Staten Island, the Cumberland Mall election could have historic ramifications. If workers vote in favor of organizing with the CWA, it would become the first unionized Apple Store in the US. That’s an outcome that could inspire Apple workers at other retail locations.