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Ending the Dead-End-Job Trap

July 12, 2018

By Terri Gerstein and Sharon Block
NY Times Op Ed

It’s the American dream: We’re supposed to improve ourselves, get a better job, move on and up. But in too many instances, secret agreements between employers are stifling workers’ ability to parlay their hard work and experience into better-paying jobs and a chance to climb the career ladder.

On Thursday, the attorney general of Washington State, Bob Ferguson, announced that he had obtained agreements from seven fast-food chains, including Arby’s, Carl’s Jr. and McDonald’s, not to use or enforce “no poach” or “no hire” agreements. Under these arrangements, franchisees pledge not to hire job applicants who are current or recent employees of the company or any of its franchisees, without the approval of the applicants’ employers.... Read more about Ending the Dead-End-Job Trap

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The Kavanaugh Nomination and Labor

July 10, 2018

[Sharon Block] provides an overview of [Kavanaugh's] record and attempt to make the case that his record reflects a sustained and, at times, aggressive hostility to the role of the law in protecting the vulnerable and less powerful.

The Agri Processor dissent is significant for a number of reasons.  First, it reflects a broader trend in Kavanaugh’s record of being unsympathetic to the plight of immigrants. His dissent reflects a willingness to write groups of workers completely out of basic labor standards – here all undocumented...

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Brett Kavanaugh Ruled Against Workers When No One Else Did

July 10, 2018

By Dave Jamieson
Huffpost

His dissents involving undocumented meatpacking workers and a death at SeaWorld tell us a lot about the worldview of Trump’s Supreme Court pick.

The Agri Processor case provides a window into Kavanaugh’s thinking when it comes to workers’ rights. Like the conservative justices he would join at the Supreme Court, Kavanaugh has tended to side with employers in workplace disputes. If confirmed, he would almost certainly continue the Supreme Court’s run of business-friendly rulings in contentious, precedent-setting cases that have weakened labor unions and class-action lawsuits in recent years.

In his dissent, Kavanaugh argued that undocumented workers were no longer employees under the law due to the 1986 law passed by Congress. In Block’s view, Kavanaugh’s opinion sidestepped Supreme Court precedent and denied workers safeguards they deserved regardless of their legal status.

“It shows a willingness to go out of his way to write a whole group of people out of the protection of the [law],” said Block. “And I find that to be troubling.”... Read more about Brett Kavanaugh Ruled Against Workers When No One Else Did

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AFTER JANUS, THE COUNTRY’S LARGEST PUBLIC-SECTOR UNION TAKES STOCK OF ITS MOVEMENT

July 8, 2018

Rachel M. Cohen
The Intercept

THE ANNUAL MEETING of the National Education Association, the country’s largest public-sector union, held in Minnesota this week, was much more high stakes than in years past. Typically, the convention is a chance for educators to vote on bread-and-butter issues like budget priorities and advocacy target areas. In the wake of a U.S. Supreme Court ruling that dealt a crippling blow to public-sector unions, they debated strategies to expand their membership, keep union members apprised of their rights, and recover from the...

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What does the Supreme Court's Janus ruling mean for unions? It would be like the government no longer enforcing taxes

June 28, 2018

By Sabri Ben-Achour and Daniel Shin
Marketplace

 

Tuesday's U.S. Supreme Court decision to rule in favor of Mark Janus in the Janus v. AFSCME case effectively changed the entire way public unions raise funds for their collective bargaining services. The ruling now bars unions from collecting fees from non-union members with the court citing this now defunct fee requirement as a violation of free speech.

The conclusion of the Janus v. AFSCME case brings a major disruptive change to how public sector unions would potentially operate, so what will these unions do next?

Sabri Ben-Achour spoke with Benjamin Sachs, professor of labor and industry at Harvard Law School for some insight.... Read more about What does the Supreme Court's Janus ruling mean for unions? It would be like the government no longer enforcing taxes

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Tesla Severance Offer Draws the Line on Worker-Safety Concerns

June 18, 2018

Josh Eidelson, Dana Hull
Bloomberg

Language in a confidential severance agreement Tesla Inc. is using as part of the biggest job cut in its history is likely to deter dismissed employees from going public with worker safety concerns, according to employment-law experts.

“The implication is, if you went to OSHA and you said, ‘Here’s something new I want to tell you about a safety concern at Tesla,’ and then OSHA asks the company to respond to that allegation, the company is going to say, ‘That employee told us that they raised everything,’” said Sharon Block, the executive director of Harvard University’s Labor and Worklife Program.

Released new data on labor rights indicators for the year 2016

June 15, 2018

 

The Labour Rights Indicators are based on coding the findings of selected nine sources and compiling this information in a readily accessible and concise manner. It is designed to be used both by practitioners and researchers. It builds on five basic elements: the premises of definitional validity, reproducibility and transparency; the 108 violation type used to code violations in law and practice; the textual sources selected for coding; the general and source-specific coding rules; and the rules to convert the coded information into normalized indicators. The...

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Knight: Workers’ ‘day in court’ axed in Court’s arbitration ruling

June 9, 2018

By Bill Knight / Opinion columnist
Pekin Daily Times

 

A U.S. Supreme Court majority on May 21 unleashed employers to run roughshod over labor law, ruling 5-4 that employers can prohibit their workers from banding together in disputes over pay and other workplace disputes. The Court’s five-justice conservative bloc said employers may require employees, as a condition of employment, to give up any joint legal remedy despite of the guarantee of New Deal laws stating that workers have a right to unionize or “engage in other concerted activities for the...

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These U.S. Workers Are Being Paid Like It’s the 1980s

May 25, 2018

By Josh Eidelson
in Bloomberg

Thanks to a web of loopholes and limits, the federal government has been green-lighting hourly pay of just $7.25 for some construction workers laboring on taxpayer-funded projects, despite decades-old laws that promise them the “prevailing wage.”

The failure of government to keep up with what’s going on in the labor market, [Erlich] said “is a large piece” of why construction has faded as “a pathway to the middle class.”