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Labor Department Leadership Vacancies Could Threaten Policy Work

January 7, 2019

by Jaclyn Diaz
Bloomberg

The Labor Department is starting 2019 without confirmed officials in several key leadership posts, vacancies the business community fears could derail some policy initiatives.

The department doesn’t have confirmed leaders for seven sub-agencies after the Jan. 4 departure of Bryan Jarrett, who was serving as acting administrator for the Wage and Hour Division.

“I can certainly say there was nothing like this during our time,” Sharon Block, a former DOL policy office head under President Barack Obama, told...

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Joint Employer Labor Regulation Clouded by Court Decision

January 5, 2019

Hassan A. Kanu and Jon Steingart
Bloomberg News

The NLRB acted properly in 2015 when it adopted a more expansive test for determining when companies in franchise, staffing, and other relationships should be considered joint employers for liability and collective bargaining purposes, the U.S. Court of Appeals for the D.C. Circuit held Dec. 28. The board broke new ground with that test by saying that a company that has the authority to exert control over another company’s workforce could be required to bargain with or be held liable for unfair labor practices against the workers, even if it doesn’t exercise that ability.

The NLRB’s test, crafted by a Democratic majority, has been the subject of heated debate in the business community, courts, and Congress, highlighted by litigation involving McDonald’s and allegations against Microsoft. The now Republican-majority board is working on a regulation that would limit joint employment and allow businesses more leeway to outsource labor and other components.... Read more about Joint Employer Labor Regulation Clouded by Court Decision

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The Return of the Strike

January 3, 2019

By Steven Greenhouse
American Prospect

This year, thousands of teachers, hotel workers, Google employees, and others walked off the job and won major gains. Which raises two questions: Why now? And will this continue?

Some labor experts say the recent surge of strikes could portend a new wave of labor activism, as more and more workers see that collective action can pay off. Others argue that the recent surge is more likely a one-time blip of militancy that will fade away as organized labor’s long-term decline continues.

Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, says labor’s renewed militancy reflects a broader shift in the zeitgeist. “When there’s a lot of collective action happening more generally—the Women’s March, immigration advocates, gun rights—people are thinking more about acting collectively, which is something that people hadn’t been thinking about for a long time in this country in a significant way.”... Read more about The Return of the Strike

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Assessing Trade–Labor Linkages: A Big Step Forward

January 2, 2019

by Kimberly Ann Elliott
Global Policy

Labor Provisions in Preferential Trade Agreements (LABPTA) are an important and necessary step forward in being able to better assess the role of these trade‐labor linkages in improving workers’ lives. A Response to ‘Labor Provisions in Trade Agreements (LABPTA): Introducing a New Dataset’, Damian Raess and Dora Sari, LWP Fellow

There are a great number of research questions that this new dataset allows us to explore, and that work has just begun. LABPTA is thus an important and necessary step forward in being able to better assess the role of these trade‐labor linkages in improving workers’ lives.... Read more about Assessing Trade–Labor Linkages: A Big Step Forward