Block, Sharon

2018
Supreme Court Deals a Blow to Workers
Terri Gerstein and Sharon Block. 5/21/2018. “Supreme Court Deals a Blow to Workers.” New York Times Opinion. Publisher's Version
Minor League Baseball players are latest victims of anti-worker Trump and GOP
Sharon Block. 3/29/2018. “Minor League Baseball players are latest victims of anti-worker Trump and GOP.” USA Today. Publisher's VersionAbstract
Congress just killed workplace protections for underpaid minor league baseball players. Notch another win for the 1% under Republicans and Donald Trump.
Alternative Facts at the NLRB
Sharon Block. 3/28/2018. “Alternative Facts at the NLRB.” OnLabor.org. Publisher's Version
Board Vacates Hy-Brand, Raising More Questions
Sharon Block. 2/27/2018. “Board Vacates Hy-Brand, Raising More Questions.” OnLabor.org. Publisher's VersionAbstract

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspector General that Member Bill Emanuel should have recused himself from participation in the case.  The Board noted in its press release that because Hy-Brand had been vacated, “the overruling of the Board’s decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015), set forth therein is of no force or effect.”

The Board’s action was a welcome first step in correcting the damage done by the Hy-Brand decision.  Most importantly, for the time being, the Board will determine joint employer status using the standard set forth in Browning-Ferris – a standard that takes into account the reality of today’s fissured workplaces.  Beyond that important restoration, however, the Board’s one sentence order vacating Hy-Brand leaves many questions about the future unanswered.

The NLRB Should Withdraw Hy-Brand . . . AND!
Sharon Block. 2/22/2018. “The NLRB Should Withdraw Hy-Brand . . . AND!.” OnLabor.org. Publisher's Version
Washington Post Logo
Sharon Block and BENJAMIN SACHS. 2/9/2018. “The Trump administration is abandoning McDonald’s workers — and everyone else.” Washington Post. Publisher's Version
Uber’s Political Program in the States
BENJAMIN SACHS and Sharon Block. 1/19/2018. “Uber’s Political Program in the States.” onLabor.org. Publisher's Version
Continuing the Labor Law Reform Debate in 2018
BENJAMIN SACHS and Sharon Block. 1/3/2018. “Continuing the Labor Law Reform Debate in 2018.” OnLabor.
2017
Miscimarra’s Parting Shot: Was It a December Massacre?
Sharon Block. 12/19/2017. “Miscimarra’s Parting Shot: Was It a December Massacre?.” onLabor.org. Publisher's Version
TRUMP WANTS YOU TO TIP RESTAURANT OWNERS, NOT SERVERS
Sharon Block and Christine Owens. 12/7/2017. “TRUMP WANTS YOU TO TIP RESTAURANT OWNERS, NOT SERVERS.” Newsweek.org. Publisher's Version
The Guardian Logo
Sharon Block and Terri Gerstein. 12/2/2017. “We need an agenda for new laws to prevent sexual harassment.” The Guardian. Publisher's Version
What Harvey Weinstein Has To Teach Us About the Weakness of Our Laws
Sharon Block. 11/28/2017. “What Harvey Weinstein Has To Teach Us About the Weakness of Our Laws.” OnLabor.org. Publisher's Version
Backhanded Compliment: Acosta Threatens Workers Centers
Sharon Block. 11/20/2017. “Backhanded Compliment: Acosta Threatens Workers Centers.” onLabor.org. Publisher's Version
American Constitution Society Logo
Celine McNicholas and Sharon Block. 11/16/2017. “Supreme Court will decide if women can join together to fight sexual harassment at work.” American Constitution Society .Abstract
Today, 24.7 million American workers have been forced to sign contracts that, as a condition of employment, require them to waive their rights to joining a class action lawsuit to address sexual harassment and other workplace disputes—instead these workers must act alone to resolve what is often systemic violations of employment protections. The National Labor Relations Board has determined that these arbitration agreements violate workers’ right under the National Labor Relations Act to join together for “mutual aid and protection.” Business interests—and the Trump administration—disagree. In Murphy Oil, the Supreme Court will decide whether workers have the right to come together to protect themselves from workplace issues like sexual harassment. The case could not be more relevant, or present the Justices with two more starkly divergent options.
We can't stop sexual harassment until we restructure corporate boards
Sharon Block. 11/7/2017. “We can't stop sexual harassment until we restructure corporate boards.” Quartz at Work. Publisher's Version
Autocracy at Work: Understanding the Gothamist Shut Down
Sharon Block and BENJAMIN SACHS. 11/6/2017. “Autocracy at Work: Understanding the Gothamist Shut Down.” onLabor.org. Publisher's Version
A Narrow Preemption Exception
Sharon Block. 10/23/2017. “A Narrow Preemption Exception.” onlabor.org. Publisher's VersionAbstract
In Airline Service Providers Association v. City of Los Angeles, the Ninth Circuit affirmed the district court’s dismissal of the contractors’ complaint, finding that the city’s contract clause was not preempted by the National Labor Relations Act, even though it clearly constituted a local government influencing the bargaining process between a private sector actor and the collective bargaining representative of its employees.  The court found such influence or interference tolerable by a municipal actor because it determined that the city was acting as a “market participant” not as a “regulator”.
Standing or Kneeling: Who Can File a Charge Under the NLRA
Sharon Block. 10/16/2017. “Standing or Kneeling: Who Can File a Charge Under the NLRA”. Publisher's Version
America's workers deserve to get paid for burning the midnight oil
PATRICIA SMITH and Sharon Block. 10/13/2017. “America's workers deserve to get paid for burning the midnight oil.” The HIll. Publisher's VersionAbstract
Will the Labor Department appeal a judge’s recent decision that could deny overtime pay to millions of Americans? Labor Secretary Alexander Acosta has been clear that he doesn’t like the Obama administration’s overtime rule, insisting that he wants to reconsider it and possibly make one of his own. But he needs to appeal the judge’s decision regardless, otherwise he’s creating uncertainty that isn’t good for anyone.
Trump wants to make America great again by using the Supreme Court to gut the rights of non-union workers
Benjamin I. Sachs and Sharon Block. 9/28/2017. “Trump wants to make America great again by using the Supreme Court to gut the rights of non-union workers.” Quartz. Online VersionAbstract
The Trump Administration is waging a quiet war on workers. The effort involves anti-union appointments to federal agencies, repeal of Obama-era regulations that were designed to raise the wages of low and middle income workers, and support for anti-worker legislation in Congress.

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