News

Bloomberg Logo

Biden Seen Reining In Mergers and Cracking Down on Big Tech

November 11, 2020

David McLaughlin
Bloomberg News

The new consensus in the antitrust establishment that a tougher approach is needed sets the stage for Biden to take a harder line than Obama did, said Michael Kades, the director of markets and competition policy at the left-leaning Washington Center for Equitable Growth and a former lawyer at the Federal Trade Commission.

“The question isn’t whether a Biden administration will be more aggressive, but how much more aggressive,” said Kades.

Biden economic adviser Ben Harris also has an interest in antitrust and how it can help workers. He is writing a book with Harvard Law School’s Sharon Block titled “Inequality and the Labor Market: the Case for Greater Competition.” It will propose reforms to labor and antitrust laws with the goal of pushing wages higher, making workplaces safer and increasing mobility.... Read more about Biden Seen Reining In Mergers and Cracking Down on Big Tech

Pittsburgh Post Gazette Logo

Uber won its prized contractor status for drivers. Now what?

November 5, 2020

Joel Rosenblatt, Robert Wilkens-Iafolla and Erin Mulvane
Bloomberg

Uber and Lyft on Tuesday fended off labor protections that were decades in the making, allowing the companies to keep compensating their drivers as independent contractors. While Proposition 22 requires these app-based transportation services to offer some modest new perks for drivers, it keeps them from having to provide benefits that full-time employees get. 

“Prop 22 creates these rights, but as slender and grossly insufficient as they may be, there’s real questions whether workers can access them,” said Terri Gerstein, director of the State and Local Enforcement Project at Harvard University’s Labor and Worklife Program.... Read more about Uber won its prized contractor status for drivers. Now what?

CNN Business Perspectives logo

Prop 22 passes in California, exempting Uber and Lyft from classifying drivers as employees

November 4, 2020

Sara Ashley O'Brien 
CNN Business

In a major win for gig economy companies, CNN projects California voters have passed a costly and controversial ballot measure to exempt firms like Uber and Lyft from having to classify their gig workers in the state as employees rather than as independent contractors.

Terri Gerstein of the Harvard Labor and Worklife Program and Economic Policy Institute said in an email to CNN Business that the result will "leave thousands of California workers in a precarious and perilous position, without basic rights...

Read more about Prop 22 passes in California, exempting Uber and Lyft from classifying drivers as employees
Bloomberg Logo

Uber, Lyft Shares Jump as Companies Win Vote Over Drivers

November 4, 2020

Lizette Chapman
Bloomberg News

Uber Technologies Inc. and Lyft Inc. jumped in U.S. premarket trading Wednesday after California voters approved a measure (Proposition 22) to protect the companies’ business models from efforts to reclassify their drivers in the state as employees.

“This could be seen as a shot across the bow,” said Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School. “Everybody’s looking at California.”Under the new law, gig companies have agreed to provide some new protections to California workers, including a guaranteed wage for time spent driving and a health insurance stipend, but does not include paid sick leave, unemployment insurance and other standard protections afforded under California labor laws.... Read more about Uber, Lyft Shares Jump as Companies Win Vote Over Drivers

Bloomberg Logo

Inside Scalia’s Pro-Industry Revamp of Labor Agency Enforcement

November 2, 2020

Ben Penn
Bloomberg News

Scalia’s primary objective as U.S. Labor Secretary has been to solidify an enforcement philosophy at DOL that’s predictable for employers. Businesses had railed against the Obama administration for what they viewed as its overly punitive, “gotcha"-style tactics. Their frustration mounted when President Donald Trump‘s first labor secretary, Alexander Acosta, was slow to rebalance the enforcement landscape.

Opponents say Scalia has failed to leverage the department’s enforcement functions to defend workers at a time when their lives and...

Read more about Inside Scalia’s Pro-Industry Revamp of Labor Agency Enforcement
CNN Business Perspectives logo

Gig companies want to change the rules about who qualifies as an employee. Here's why they're wrong

October 15, 2020

Opinion by Terri Gerstein
for CNN Business Perspectives

Gig companies are urging Congress and state lawmakers to create a new category of worker, without the full protections that employees receive. But like all other businesses, gig companies should be required to treat their workers as employees, not as independent contractors or any other designation.

Policy decisions should not be made on the basis of a few large companies' self-interest. Rather, we should act based on what's best for society, which includes ensuring decent, dignified treatment for the people whose work makes our country run. That necessarily involves placing some obligations on companies.

bloomberg Law logo

McDonald’s Legal Boss Jerry Krulewitch Retires

October 15, 2020

Ruiqi Chen
Bloomberg Law

McDonald’s in recent years has become one of the highest profile corporations battling over the question of joint employment, or whether a franchise company is legally responsible as an employer of workers at restaurants owned by franchisees.

“The whole concept of trying to impute a perceived wrong on the part of a franchise to the main entity, or vice versa, is really problematic,” said Jonathan Segal, a partner at Duane Morris in the employment, labor, benefits and immigration practice group. He said that efforts to classify McDonald’s as a joint employer eliminated the nature of a franchise system, which gives franchisees day-to-day control of operations.

“To me, it’s clear that in many instances, they should be found a joint employer,” Gerstein said. “But certain courts have allowed the franchise model to be a way for companies to evade the responsibility for ensuring a franchisee complies with the law.”... Read more about McDonald’s Legal Boss Jerry Krulewitch Retires

Moyers on Democracy logo

It’s Women’s Work

October 15, 2020

By Sharon Block
Moyers on Democracy

The September unemployment numbers provided a lot of bad news for the economy overall: decreasing rate of new jobs being created, rising number of permanent layoffs and a persistently high unemployment rate. The most shocking number from September’s report, however, was the number of women who left the labor market. More than 800,000 women have given up trying to find a job. During the pandemic recession, women’s labor force participation – the percentage of women holding jobs or looking for jobs – is lower than at any point since the late 1980’s. That marks a generation of progress lost in just six months.... Read more about It’s Women’s Work

Logo for Salon.com

Like many US workers, Trump staff has little recourse if asked to work alongside sick colleagues

October 7, 2020

Matthew Rozsa
Salon

What do workers do when the person responsible for enforcing worker safety laws turns a blind eye to his own staff?

The case of meatpacking employees may end up being comparable to the situation in the White House. Sharon Block, the Executive Director of the Labor and Worklife Program at Harvard Law School, explained that workers at meatpacking plants "were told to continue to show up for work even as their coworkers were testing positive in high numbers and even dying." "As different as these workplaces may seem, the dynamic is similar — especially for the non-partisan staff in the White House, many of whom are people of color who are not highly paid. Because of the failures of the Trump Administration and their political objectives, workers' health and lives are needlessly being put at risk."... Read more about Like many US workers, Trump staff has little recourse if asked to work alongside sick colleagues

logo for Here and Now, NPR

What Rights Do Workers Have As The Economy Reopens?

September 30, 2020

Interviewer: Robin Young
Here &Now, National Public Radio

More than seven months after the beginning of the COVID-19 pandemic, large segments of the economy are reopening. That includes businesses, offices and restaurants, as well as entertainment and cultural institutions like museums and cinemas.

But what are the rights of the people who will be working there? Can they decide not to work if they feel unsafe? And what protections are employers required to provide?

Sharon Block is executive director of the Labor and...

Read more about What Rights Do Workers Have As The Economy Reopens?