The problem of independent contracting as a business model is more important than ever. While the CARES Act fortunately included independent contractors as recipients of unemployment benefits, food delivery and other gig workers still face unprecedented challenges in the absence of protections from unions or employment laws. There will be life after the pandemic and employers across all industries that suffered financial losses will be looking to cut costs. One of the obvious tactics may well be an uptick in the misclassification of employees as independent contractors. Hopefully an alternate vision will emerge, one in which unprotected but indispensable workers will seek a voice through a fight against misclassification, and the growth of unions and other forms of organization.
coronavirus pandemic bring about the labor reckoning that activists have been seeking?" data-reactid="33" type="text">
With pressure on mega-retailers like Amazon to deliver essential goods to people stuck at home — coupled with increased scrutiny over labor practices and a long-simmering labor movement that has been nipping at the heels of these huge suppliers — could this coronavirus pandemic bring about the labor reckoning that activists have been seeking?
“It should,” said Sharon Block, the executive director of the Labor and Worklife Program at Harvard Law School. “I certainly hope that one of the lessons we’ll learn from this horrible experience is how important so many low-wage workers are, and how precarious their positions are.”... Read more about Coronavirus may bring a labor reckoning for Amazon
In the wake of massive layoffs and an unprecedented rise in unemployment claims, a report released today by the People’s Parity Project, in conjunction with the Harvard Labor & Worklife Program, reveals that only a minority of states have embraced all available opportunities to expand unemployment insurance (UI) for workers affected by COVID-19.
Workers across a number of industries are creating their own widely shared salary databases, with employees anonymously entering their earnings for all to see. Adding salary info to these lists usually works like this: Through a Google Form, individuals enter information anonymously about their salary and organization, usually with the option to include years of experience, geographic location, race, gender and sexual orientation, as well as industry-specific information such as awards, worker injuries incurred or billable hours.
You may worry about getting into trouble if you share your salary on a public spreadsheet. But discussing wages is allowed and protected in the U.S. for people who are employees protected under The National Labor Relations Act. The NLRA allows employees “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
“People who are employees, treated as employees, have been able to assert their right as employees. In circulating this spreadsheet, they are acting concertedly, they are joining with their co-workers to say we think pay transparency is important,” said Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School. “They cannot be fired for that. The law says they have a right to act concertedly.”
A new law in California seeks to rewrite the rules of work and what it means to be an employee.
Known informally as the gig-economy bill, or AB5, the legislation went into effect on Jan. 1, seeking to compel all companies ― but notably those like Lyft and Uber ― to treat more of their workforce like employees.
Tech companies like Uber, Lyft, Postmates, DoorDash and Instacart have joined forces — and pocketbooks — to sponsor a $110 million ballot initiative that would formally exempt them from the law.
“States should hold off in the face of all these challenges that have emerged in California,” said Maria Figueroa, director of labor and policy research at the Worker Institute at Cornell University’s School of Industrial Labor Relations. “The ideal situation would be for other states to come up with legislation that would be narrow enough in terms of its parameters to cover platform workers …[but] would enable these states to avoid these challenges."
Others see the opposition in the terms of greed.
“We are in this place because we have these really big companies that will put tens of millions up for the right to deny basic protections for workers,” said Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.
by Sharon Block, Benjamin Sachs and Laura Weinrib OnLabor Blog
According to the Crimson, Harvard has circulated an email advising departments seeking to hire spring teaching fellows (and other student workers) to include certain language in job postings and offer letters. The Crimson reports that the email “recommends departments include a provision in postings and offer letters that conditions teaching fellow positions on whether candidates can commit to a start...
When navigating the nation’s culture wars, Walmart follows a strategy it has honed for years: Alienate as few customers as possible, and do no harm to its core business. In many cases, it appears to be working.
Many in the administration, which was also pushing for a higher federal minimum wage, appreciated Mr. McMillon’s support on the overtime rule. But some of the officials did not overlook that Walmart, which employs about 1.5 million people in the United States, remained resistant to unionizing its American stores....
As a labor‐management arbitrator for more than 60 years, I have witnessed the practice change from an informal problem solving conference to a formal lawyered adversarial combat where winning preempts compromise. The contrast reflects the changing nature of the workplace and workforce, the altered priorities of the parties, the rising cost of bringing cases to arbitration, the changes in balance of power between the unions and employers and the shrinking role that unions have struggled to maintain in the...
Demand Justice, a group founded to counteract the conservative wing’s decades-long advantage over liberals in judicial fights, will release a list of 32 suggested Supreme Court nominees for any future Democratic president as they ramp up their push for the 2020 contenders to do the same.
The slate of potential high court picks includes current and former members of Congress, top litigators battling the Trump administration’s initiatives in court, professors at the nation’s top law schools and public defenders. Eight are sitting judges. They have established track records in liberal causes that Demand Justice hopes will energize the liberal base.
Included in the list from Demand Justice is Sharon Block, the executive director of the labor and worklife program at Harvard Law School and former member of the National Labor Relations Board.