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Labor Board Repeatedly Topples Precedent Without Public Input

July 12, 2019

Robert Iafolla'
Reporter
Bloomberg Law

The National Labor Relations Board’s ruling last week that made it easier for employers to oust unions marked at least the 10th time during the Trump administration that the NLRB settled case law without giving prior notice or an opportunity for public input, according to a review of decisions.

 

The NLRB has invited briefing in at least four cases since Republicans took control of the board in 2017. The Obama board more frequently sought outside views. It called for public briefing a dozen times from 2014...

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Press Conference to release “Confronting Misclassification and Payroll Fraud” report

June 26, 2019

Massachusetts Atorney General Maura Healey held a press conference at the State House to highlight the LWP report  “Confronting Misclassification and Payroll Fraud,” by Mark Erlich and Terri Gerstein. The report details the increasing role of state agencies in enforcing misclassification laws and providing worker protections, crucial in an era of lax federal enforcement. 

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Link to Press Release

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“Confronting Misclassification and Payroll Fraud”

June 25, 2019

Report details increasing role of state agencies in enforcing misclassification laws and providing worker protections, crucial in era of lax federal enforcement

by Mark Erlich and Terri Gerstein 

BOSTON, MA – Researchers from the Harvard Labor & Worklife Program, a program of Harvard Law School, released on Wednesday a report detailing the expanding and increasingly inventive role of state-level agencies regarding enforcement of worker misclassification laws and upholding workers protections. The report, “Confronting Misclassification and Payroll Fraud: A Survey of State Labor Standards Enforcement Agencies” is published in the midst of a decades-long trend of employers increasingly misclassifying workers as independent contractors. More urgently, within the past two years, the federal government, through the United States Department of Labor and the National Labor Relations Board, has been increasingly rolling back worker protections and enforcement.

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What the Gig Economy Can Teach Us About Worker Dissatisfaction

June 10, 2019

By Robby Macdonell, CEO, RescueTime
Thrive Global

Uber drivers launched a worldwide strike days before the ride sharing giant’s IPO. Drivers went on strike to demand transparency and a living wage. All workers want a living wage, but there is something more that organizations can learn from these drivers and other gig economy workers. The uber drivers choose to remain in the gig economy, even though a traditional job might offer better pay and benefits, because they have control over their time. In fact, they value the ability to pick up a kid from school, be there for a sick...

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How Science Works in the U.S.

June 5, 2019

by Linda Wang
Share America

For science to solve some of the world’s greatest challenges in improving human health, protecting the environment and ensuring national security, scientific research should be transparent and collaborative.

In the U.S., the openness in which scientists conduct their work mirrors the openness of the American society. This transparent environment attracts top talent from around the world.

Furthermore, the talent of diverse scientists working in the U.S. fosters meaningful collaboration.

“It’s a great thing when...

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NLRB Case Hinders Workers' Path To Justice

June 3, 2019

By Sharon Block
Law 360

Recently, 23 McDonald’s workers told the company that “Time’s Up” — they stood together and filed sexual harassment claims[3] with the U.S. Equal Employment Opportunity Commission and lawsuits against the company. Another group of workers filed a complaint with the Occupational Safety and Health Administration,[4] asking the federal agency to hold McDonald’s accountable for failing to take reasonable steps to protect them from on-the-job violence. 

In a little-noticed National Labor Relations Board filing, the Trump administration recently has opened a new front in its war on American workers aimed squarely at efforts like those taken by these brave McDonald’s workers. The Trump-appointed general counsel of the NLRB is arguing[5] in a case on remand from the U.S. Court of Appeals for the Ninth Circuit, Tarlton and Son Inc., that workers have no protection under federal labor law if they are fired for filing a lawsuit or a claim with a federal agency to protect their rights. If successful, the general counsel’s position would mean that your employer can refuse to pay you and your coworkers the wages that you are owed and then fire you when you complain to the U.S. Department of Labor or file a lawsuit to get your money. 

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1 year after Janus, unions are flush

May 17, 2019

By REBECCA RAINEY and IAN KULLGREN
Politico

As Janus’ one-year anniversary approaches, a POLITICO review of 10 large public-employee unions indicates they lost a combined 309,612 fee payers in 2018. But paradoxically, all but one reported more money at the end of 2018. And collectively, the 10 unions reported a gain of 132,312members.

How did public employee unions end up with more money and in most cases with more members after a Supreme Court ruling that was expected to eviscerate both?

The answer appears to be preemptive organizing. “Unions were really prepared because, sadly, the outcome was really predictable,” Block said.... Read more about 1 year after Janus, unions are flush

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Unions are on frontlines of fight against inequality

April 29, 2019

By Katie Johnston
Globe Staff

 

Stop & Shop’s stores were ghost towns during the recent strike. With workers standing outside in picket lines, customers stayed away , leading to one of the most effective strikes in recent memory.

The grocery clerks and bakers and meat cutters holding signs were protesting proposed cuts to their benefits, but their plight also resonated with the public because they represented something bigger: working Americans across the country whose wages are barely budging while the cost of living skyrockets in such places as Boston and corporations rake in record profits.

“What we’re seeing is an increasing resistance to the fundamental unfairness of a system that’s so skewed both economically and politically to the wealthy,” said Benjamin Sachs, a Harvard Law School labor professor, noting that when Uber goes public, former CEO Travis Kalanick’s stock is expected to be worth upward of $6 billion — an amount that would take a full-time Uber driver 150,000 years to make.... Read more about Unions are on frontlines of fight against inequality

Labor Dept. Says Workers at a Gig Company Are Contractors

Labor Dept. Says Workers at a Gig Company Are Contractors

April 29, 2019

By Noam Scheiber
NY Times

The Labor Department weighed in Monday on a question whose answer could be worth billions of dollars to gig-economy companies, deciding that one company’s workers were contractors, not employees.

Sharon Block, a top official in the Obama Labor Department who is executive director of the Labor and Worklife Program at Harvard Law School, said it was hard to tell from the facts in the Labor Department’s letter whether the workers using the platform in question were truly independent contractors. But she said there seemed to be a stronger case to make for contractor status in that case than for Uber.

“This as a strategy makes sense,” Ms. Block said. “They set the standard in a way that makes it really clear this company gets past it, and in a way that’s going to help them in the harder cases.”

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The Last Kennedy

April 21, 2019

EDWARD-ISAAC DOVERE 
The Atlantic

He’s the last Kennedy left in politics. He’s young, has a national profile, and has come at economics and other issues more thoughtfully and more forcefully than most of the people who are running for president.

He was already at work on a speech he was writing on his big idea: moral capitalism. A few months earlier, in late 2017, Kennedy had emailed Sharon Block, the director of the school’s Labor and Worklife Program and a former Ted Kennedy aide, asking for help in developing his concept, which he was viewing as a kind of working political philosophy. He’d come by her office early in the new year and they talked for hours, back and forth, about books to read. They kept the conversation going via email as Kennedy and his staff kept building up ideas.

Labor and Worklife Program postdoctoral fellow Phillippe Scrimger wins LERA’s Best Dissertation Award

April 18, 2019

Labor and Worklife Program postdoctoral fellow Phillippe Scrimger’s Ph.D dissertation “The Distributive Effects of Trade Unionism: A Look at Income Inequality and Redistribution in Canada’s Provinces” has been named the winner of the Labor and Employment Relations Association’s 2019 Thomas A. Kochan and Stephen R. Sleigh Best Dissertation Awards Competition. The Award will be formally presented at the LERA 71st Annual Meeting, June 13-16, 2019 in Cleveland, OH.

Phillippe’s dissertation was completed under adviser Gregor Murray at the University of Montreal’s School...

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U.S. Moves to Limit Wage Claims Against Chains Like McDonald’s

U.S. Moves to Limit Wage Claims Against Chains Like McDonald’s

April 1, 2019

By Noam Scheiber
NY Times

The Labor Department released a proposal on Monday that would limit claims against big companies for employment-law violations by franchisees or contractors.

 

Under the doctrine set by the board during the Obama administration, a company is considered a joint employer if it exercises direct or indirect control over workers hired by a franchisee or contractor.

But the board, now with a Republican majority, is considering ...

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Sanders campaign unionization raises questions about strikes and conflicts of interest

March 21, 2019

by Sean Higgins
Washington Examiner

United Food and Commercial Workers Local 400 are organizing the campaign workers for Sen. Bernie Sanders', I-Vt., presidential campaign, but they are not endorsing his bid.

Wilma Liebman, former chairwoman of the National Labor Relations Board, said that just because organizing a campaign staff is novel, there’s no reason why it cannot be done.

“Collective bargaining can be very flexible and adapted to the parties’ needs,” said Liebman, now senior research associate at Harvard Law School’s labor and worklife program. "Some contracts are lengthy, spelling out detailed rules and procedures. Some are just a few pages long, setting out just basic values and principles."... Read more about Sanders campaign unionization raises questions about strikes and conflicts of interest

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WHATEVER HAPPENED TO OVERTIME?

March 12, 2019

with Nick Hanauer
Pitchfork Economics 

The overtime threshold used to be the minimum wage for the middle class—but where did it go? Labor experts Sharon Block and Chris Lu join Nick and Jasmin to explain why the overtime threshold, which used to cover 65 percent of workers, today covers only 7 percent. That’s craziness! And surprise, surprise—employers love to claim that forcing you to work for free is in your own best interest. But are they telling the truth? (46 minute audio interview)

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