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Barstool Sports Founder’s Tweetstorm Raises Labor Row

August 13, 2019

by Alex Ebert and Chris Marr
Bloomberg Law

In a series of Aug. 13 tweets, Barstool’s Dave Portnoy threatened to fire and sueemployees that reached out to union lawyers. The tweets followed an Aug. 12 blogpost where he dared his employees to attempt to form a union, so that he can “smash their little union to smithereens.”

“Under any reading of the federal labor law, telling workers that they’re going to be fired if they seek advice or help about a unionization campaign is flatly illegal,” said Harvard law professor Ben Sachs. “In my estimation, even the Trump NLRB would consider that illegal.”

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Fox in the henhouse? Why Trump’s latest appointment has labor advocates so alarmed

July 26, 2019

BY RICK WARTZMAN
Fast Company

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.

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The Next Union Era

July 25, 2019

By ELI LEHRER
National Review

While labor unions can have value, their current structure in the United States serves almost nobody well. As much as anything else, organized labor needs individuals who like Rolf not only want to organize but also see the need to be innovative in the very way that labor organizations do business.

In addition, as Harvard Law School’s Benjamin Sachs has proposed, unions should be allowed to “unbundle” their services so that they can advocate political causes without bargaining collectively. This could help give workers a...

Read more about The Next Union Era
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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