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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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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

Labor Dept. Says Workers at a Gig Company Are Contractors

Labor Dept. Says Workers at a Gig Company Are Contractors

April 29, 2019

By Noam Scheiber
NY Times

The Labor Department weighed in Monday on a question whose answer could be worth billions of dollars to gig-economy companies, deciding that one company’s workers were contractors, not employees.

Sharon Block, a top official in the Obama Labor Department who is executive director of the Labor and Worklife Program at Harvard Law School, said it was hard to tell from the facts in the Labor Department’s letter whether the workers using the platform in question were truly independent contractors. But she said there seemed to be a stronger case to make for contractor status in that case than for Uber.

“This as a strategy makes sense,” Ms. Block said. “They set the standard in a way that makes it really clear this company gets past it, and in a way that’s going to help them in the harder cases.”

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The Last Kennedy

April 21, 2019

EDWARD-ISAAC DOVERE 
The Atlantic

He’s the last Kennedy left in politics. He’s young, has a national profile, and has come at economics and other issues more thoughtfully and more forcefully than most of the people who are running for president.

He was already at work on a speech he was writing on his big idea: moral capitalism. A few months earlier, in late 2017, Kennedy had emailed Sharon Block, the director of the school’s Labor and Worklife Program and a former Ted Kennedy aide, asking for help in developing his concept, which he was viewing as a kind of working political philosophy. He’d come by her office early in the new year and they talked for hours, back and forth, about books to read. They kept the conversation going via email as Kennedy and his staff kept building up ideas.

Labor and Worklife Program postdoctoral fellow Phillippe Scrimger wins LERA’s Best Dissertation Award

April 18, 2019

Labor and Worklife Program postdoctoral fellow Phillippe Scrimger’s Ph.D dissertation “The Distributive Effects of Trade Unionism: A Look at Income Inequality and Redistribution in Canada’s Provinces” has been named the winner of the Labor and Employment Relations Association’s 2019 Thomas A. Kochan and Stephen R. Sleigh Best Dissertation Awards Competition. The Award will be formally presented at the LERA 71st Annual Meeting, June 13-16, 2019 in Cleveland, OH.

Phillippe’s dissertation was completed under adviser Gregor Murray at the University of Montreal’s School...

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U.S. Moves to Limit Wage Claims Against Chains Like McDonald’s

U.S. Moves to Limit Wage Claims Against Chains Like McDonald’s

April 1, 2019

By Noam Scheiber
NY Times

The Labor Department released a proposal on Monday that would limit claims against big companies for employment-law violations by franchisees or contractors.

 

Under the doctrine set by the board during the Obama administration, a company is considered a joint employer if it exercises direct or indirect control over workers hired by a franchisee or contractor.

But the board, now with a Republican majority, is considering ...

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Sanders campaign unionization raises questions about strikes and conflicts of interest

March 21, 2019

by Sean Higgins
Washington Examiner

United Food and Commercial Workers Local 400 are organizing the campaign workers for Sen. Bernie Sanders', I-Vt., presidential campaign, but they are not endorsing his bid.

Wilma Liebman, former chairwoman of the National Labor Relations Board, said that just because organizing a campaign staff is novel, there’s no reason why it cannot be done.

“Collective bargaining can be very flexible and adapted to the parties’ needs,” said Liebman, now senior research associate at Harvard Law School’s labor and worklife program. "Some contracts are lengthy, spelling out detailed rules and procedures. Some are just a few pages long, setting out just basic values and principles."... Read more about Sanders campaign unionization raises questions about strikes and conflicts of interest

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WHATEVER HAPPENED TO OVERTIME?

March 12, 2019

with Nick Hanauer
Pitchfork Economics 

The overtime threshold used to be the minimum wage for the middle class—but where did it go? Labor experts Sharon Block and Chris Lu join Nick and Jasmin to explain why the overtime threshold, which used to cover 65 percent of workers, today covers only 7 percent. That’s craziness! And surprise, surprise—employers love to claim that forcing you to work for free is in your own best interest. But are they telling the truth? (46 minute audio interview)