"Rolling back so-called “joint-employer” protections could undermine the Fight for 15 and other vital campaigns."
At stake is the joint-employer standard, where workers are technically employed by a subcontractor, but their working conditions are essentially controlled by the parent company to which they are assigned (in many cases today, so-called “permatemps” do virtually the same job as regular workers, with less pay and job security).
The Trump administration’s Labor Department and the Republican-dominated NLRB...
Epic Systems may have also laid some of the groundwork for the court’s new conservative majority to continue narrowing the scope of federal labor law, scholars said. The court said in that ruling that ling or joining a class action doesn’t qualify as a joint action protected by the National Labor Relations Act.
But the Trump administration led a brief in Epic Systems suggesting that the NLRA’s safeguards for collective worker action only covers group conduct related to self-organization or collective bargaining. “That to me is the most serious and real area to think about an even more conservative Supreme Court changing the law,” Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, told Bloomberg Law. “In a world where 94 percent of the private sector isn’t engaged in activities related to collective bargaining, that would be a devastating development.”... Read more about The Kavanaugh Tilt: Conservative Justices Could Revamp Workplace Law
Months after the U.S. Supreme Court dealt a hefty blow to teachers’ unions, a rash of new lawsuits has emerged that could further damage these labor groups.
There are two main strands to this new wave of anti-union lawsuits: 1) challenges to time-limited windows during which teachers can opt out of membership payroll deductions, and 2) pushes for teachers to be reimbursed for the agency fees they paid before the Janus decision.
Labor and Worklife Program hosts workshop in the shadow of NAFTA negotiations
On August 31, Harvard Law School’s Labor and Worklife Program (LWP), in collaboration with the University of Reading, organized a workshop on the “Past and Future of Labor Provisions in the Context of Trade.” Coincidentally, it was the same day President Donald Trump, twenty-six years after the signing of the North American Free Trade Agreement (NAFTA), notified Congress of his intent to sign a revised agreement with Mexico and, potentially, Canada...
“This has been a terrible 18 months-plus for working people in this country,” said Celine McNicholas, director of labor law and policy at the Economic Policy Institute. “It’s an unprecedented attack on workers.”
Several worker advocacy groups have seized the moment to propose major overhauls to labor law, including the Labor and Worklife Program at Harvard Law School, which is exploring policy proposals to reimagine collective bargaining by sector instead of by employer, and to give workers seats on corporate boards, among other recommendations.
It’s not just a reaction to Trump, said Sharon Block, who runs the center with labor professor Benjamin Sachs, though she added he’s certainly making matters worse. 9/3/2018 Under Trump, labor protections stripped away “The little power that workers have, this administration seems to be bound and determined to diminish even more,” said Block, who served on the NLRB board and was a labor adviser to President Obama. “The time for tinkering around the edges has past. What we really need is fundamental change.”
The question on this Labor Day therefore must be how, in 2018, can we create a new labor movement, one that can unite the interests of a sufficient number of lower and middle income Americans so that they have the power to restore balance to our economy and politics.
So we need to rebuild labor law from a clean slate to meet the challenges of the new economy. To provide a blueprint for that kind of reform, we have launched a new project at Harvard Law School: Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law. This summer, we kicked off the Clean Slate project with a convening aimed at identifying the core elements of a successful 21st Century labor law.... Read more about This Labor Day, A Clean Slate for Reform
The study, published by Qingnan Xie of Nanjing University and Richard Freeman of NBER, argues that the world has been underestimating China’s contribution to science. So far, the way country-level contributions are measured is based on how many scientific papers have authors with an address in a particular country. But the new study argues that using addresses does not account for cases in which, for instance, Chinese researchers author a paper while working at a US university.
Correcting for those sorts of mistakes, the authors find that Chinese researchers now publish more scientific papers than others. Roughly one in four scientific papers published has an author with a Chinese name or address. If Chinese-language papers are included, then the figure jumps up to 37%. By comparison, China contributes around 15% to global GDP.
A federal district judge in Washington struck down most of the key provisions of three executive orders that President Trump signed in late May that would have made it easier to fire federal employees.
The ruling is the latest in a series of legal setbacks for the administration, which has suffered losses in court in its efforts to wield executive authority to press its agenda on immigration, voting and the environment.