The central question revolving around Scalia is whether he will be willing to act, first and foremost, as a proponent of workers.
Critics note that, as a corporate attorney, he has helped to wipe out a rule meant to safeguard those seeking retirement-planning services, killed off a Maryland law mandating that certain large employers spend a prescribed dollar amount each year on health coverage for their employees, sought to raise the burden of proof needed for whistle-blowers to be protected, and vociferously opposed requirements meant to help workers avoid repetitive stress injuries.
Time and again in the current administration, “the impact of proposed rules on business is what shapes the agenda—not the benefit to workers,” says Sharon Block, who served as a senior aide in the Obama Labor Department and is now executive director of the Labor and Worklife Program at Harvard Law School.
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 to 2016, for example.
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.
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.
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...
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 people from overseas want to come and work with Americans because they feel we have an extremely positive scientific culture,” said Richard Freeman, an economist at Harvard University who has studied the impact of collaboration on research. “You have people from so many different backgrounds and from so many countries — I think that has contributed to the strength of American science.”... Read more about How Science Works in the U.S.
Recently, 23 McDonald’s workers told the company that “Time’s Up” — they stood together and filed sexual harassment claims 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, 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 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.
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?
Uber’s IPO is about to hit the market. Ride-hail drivers head out on strike for better wages and working conditions. We look at the gig economy now. Sharon Block, LWP Executive Director is interviewed.
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
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.”
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’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...
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 a proposal to narrow the standard so that control would have to be “substantial, direct and immediate.”
“It has provided such an obvious road map for employers to evade liability,” said Sharon Block, a former top official in the Obama Labor Department who is executive director of the Labor and Worklife Program at Harvard Law School. “But that’s going to introduce tremendous uncertainty into the lives of American workers who are subject to these business models.”