Block, Sharon

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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. 

Free Speech Rights: Public Employees v. Football Players
Sharon Block and Maddy Joseph. 5/30/2018. “Free Speech Rights: Public Employees v. Football Players.” OnLabor.org. Publisher's VersionAbstract

The NFL players in a very real and direct way are being forced to support publicly the political views of their employers at the behest of the government. The rule forces players to abandon expression of their own strongly held beliefs about racism, police violence, solidarity among NFL players, and the meaning of patriotism. Moreover, by making them stand during the anthem, the rule is meant to force the players to adopt, as Ben put it, “a particular vision of patriotism.” 

The Supreme Court has warned against the danger of government-imposed patriotic orthodoxy. In finding unconstitutional a law that required school children to salute the flag and recite the Pledge of Allegiance, Justice Jackson wrote for the majority in West Virginia State Board of Education v. Barnette: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.” 

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Equal Pay For Women: Why The U.S. Needs To Catch Up On Data Disclosure And Transparency

April 10, 2018

Alison Omens , Contributor
co-authored by Sharon Block
Forbes

The United States has fallen behind on equal pay. According to JUST Capital’s 2017 Rankings, 78 of the 875 largest publicly-traded U.S. companies have conducted pay equity analyses, while only 54 have established a policy, as well as targets, for diversity and equal opportunity – that’s 9% and 6% of these corporations, respectively. When it comes to pay equity, corporations in the U.S. are not beholden to the same rules as those in other nations, and are lagging when it comes to equal pay for women.

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