Kristen E. Broady, Moriah Macklin, and Jimmy O’Donnell Brookings Institute Report
The pandemic has exacerbated the need for improvements in how we train and protect our workforce.
For policymakers working to reverse the direction of labor law in this country, there are two paths available. The first, acknowledging the original sins and subsequent weakening of labor, involves a fundamental rethinking of labor-management relations in the United States. This approach is embodied by the innovative work being done by the Clean Slate for Worker Power Project, a project of Harvard Law School’s Labor and Worklife Program headed by Sharon Block and Benjamin Sachs. The project puts forward a plan for rewriting the rules that underpin labor law. For example, they suggest moving away from fundamental system establishment-level bargaining and instead moving toward a sectoral bargaining system, as already exists in Europe.
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
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...
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.
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...
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
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.
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
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
Inclusion is a necessary first step toward fixing America’s broken labor law system.
In January of this year, we published a comprehensive set of recommendations for reforming U.S. labor law. Although the recommendations were extensive, the theory that lay behind them was straightforward: our country is facing dual crises of political and economic inequality, and we can help address those crises by giving working people greater collective power in the economy and in politics. Although progressives and conservatives disagree on many things, we all ought to agree that the stark inequalities that now pervade American life constitute grave threats. Politically, the viability of our democracy is threatened by a government that responds to the views of the wealthy but not to those of the poor and middle class. Economically, the viability of our community life is threatened by the fact that that we live in a country where it would take an Amazon worker 3.8 million years, working full time, to earn what Jeff Bezos alone now possesses.
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
By Hamilton Nolan In These Times Unions hope a Biden presidency will reverse decades of anti-worker policies.
America is in crisis. There can be no doubt about that. All of our immediate crises — the pandemic and the unemployment and the economic collapse and the death spiral of various public institutions — have lent the upcoming presidential election an air of emergency. For working people in America, though, the emergency is nothing new at all. What is at stake for labor in this election is everything.
The shortcomings of the NLRB are to some degree baked into its structure. The act, a compromise between labor and management, forced companies to bargain with unions, but it also excluded whole categories of workers, such as farm laborers, and effectively limited collective bargaining to individual companies, not whole industries or sectors.
Sharon Block, the director of Harvard Law School’s Labor and Worklife Program and an NLRB member under Obama, said that during the pandemic, it was “incumbent on worker protection agencies like the [NLRB]…to be exceptionally vigilant on behalf of workers and attuned to violations of their rights, because it is so hard to feel secure enough to speak out. [But] this is a board that we watched operate for three years in a way that would not give that kind of security to workers.”
Labor Day looked different this year. COVID-19 has changed how we work and, for some of us, where we work from. It has also highlighted the importance of workplace rights and the longstanding problem of childcare for working families.
Harvard Law Today recently corresponded with Sharon Block, executive director of HLS’s Labor and Worklife Program, and Benjamin Sachs, Kestnbaum Professor of Labor and Industry and faculty co-director of the Labor and Worklife Program, about COVID-19’s continued impact on the workplace, worker’s rights to a safe and healthy work environment, and the importance of unions in the time of social distancing and telework. The Labor and Worklife Program has addressed many of these issues and offered recommendations for empowering workers in two recent reports—Clean Slate for Worker Power: Building a Just Economy and Democracy and Worker Power and Voice in the Pandemic Response.
Attorney General Dana Nessel is one of the leading state AGs in protecting workers’ rights, according to a new report published by the Washington, D.C.-based Economic Policy Institute (EPI) prior to Labor Day.
The economic justice think tank details the more prominent role state attorneys general have taken in labor rights issues since mid-2018 and lists specific ways each has advanced workers’ protections, both on the state and federal level.