- Los Angeles hotel workers catching on to real intent of city ordinance carving out sub-minimum wage at unionized employers [Scott Shackford, Reason] “Why Sports Authority is throwing in the towel and closing all of its stores” [Kevin Smith, San Gabriel Valley Tribune/Pasadena Star-News]
- “France might pass a law that makes it illegal to send after-hours work emails” [Washington Post]
- Boiled at slightly lower temperature: DoL considering knocking down salary threshold a bit, $47,000 rather than $50,440, for its awful upcoming overtime mandate [Jon Hyman; video from Partnership to Protect Workplace Opportunity, group critical of regs; earlier here, etc.]
- “Eleventh Circuit Reins in NLRB’s Mischaracterization of Independent Contractors as ‘Employees'” [John Park, Washington Legal Foundation]
- “Relax Everyone: NELP’s New Report Says The Minimum Wage Doesn’t Cost Jobs” [Tim Worstall] “The Economic Denialism of a $15 Minimum Wage” [John McGinnis; Chris Edwards/Cato] David Henderson scrutinizes work by left-wing Berkeley economist Michael Reich backing $15 minimum [EconLog]
- Idea of abolishing the tip system, pushed by some labor activists and eyed as a fallback by businesses tied up in wage law knots, meets with huge resistance from restaurant staff in U.S. [NPR]
- “Hillary Clinton Just Turned the Democratic Party Into the Party of the $15 an Hour Minimum Wage” [Peter Suderman]
- Jury tells Marriott to pay $55 million after stalker takes nude video of TV personality from adjoining hotel room [Business Insider]
- R.I.P. John Sullivan, long-time advocate for lawsuit reform in California [Sacramento Bee]
- Colleges, speed cameras, and surveillance on buses in my latest Maryland policy roundup; paid leave, publicly financed conference centers and criminalizing drinking hosts in the one before that;
- AAJ, the trial lawyers lobby, “panned companies’ method of fighting class actions as unfair after member accused it of using the same strategy” [John O’Brien, Chamber-backed Legal NewsLine]
- In the 1920s, battling chain stores was part of the mission of the Ku Klux Klan [Atlas Obscura]
- Class-action lawyer Goodson, “husband of Supreme Court justice, recommended 2 firms that got state auditor contract” [Arkansas Democrat-Gazette]
- “Indian court issues summons to Hindu monkey god Hanuman” Again? [Lowering the Bar]
He came to stay: “A Telegraph Hill resident who was squabbling with his building co-owners allegedly duped them into renting him their unit by using a false identity on Airbnb, according to a complaint filed in San Francisco Superior Court. Then, after two months in the apartment, he claimed he qualified for tenants’ rights and said he planned to stay indefinitely.” [San Francisco Chronicle, earlier in series]
Washington, D.C.: a pending council bill on AirBnB and similar arrangements, “backed by a large hotel workers union, would ban the rental of whole units without the owner or occupant being present, and prevent hosts from renting out more than one unit at a time. It would also create a special enforcement division within the District’s Department of Consumer and Regulatory Affairs to conduct inspections, and empower third parties — such as neighborhood groups or housing affordability advocates — to sue for violations.” Hotel owners have their own, “less draconian” scheme to restrict AirBnB use in the popular tourism city. [Lydia DePillis, Washington Post “WonkBlog”]
In Los Angeles v. Patel, decided this morning, the Supreme Court held 5-4 with Justice Kennedy joining the four liberals that a Los Angeles law requiring hotels to give police free access to guest registries was facially in violation of the Fourth Amendment because it did not provide a way for hotels to challenge a given disclosure. Justice Sotomayor wrote the majority opinion. Cato had filed an amicus brief on behalf of the position that prevailed. Earlier here. Pictured postcard via present-day Vibe Hotel. More: Josh Gerstein, Politico; Jim Harper, Cato.
More from Conor Friedersdorf: Justice Scalia in dissent focused on the historically closely regulated nature of innkeepers, but would he feel as comfortable if technological advance turned the hotel registries into an instantly accessible government database of where all travelers are staying, a development lawyers for Los Angeles appeared to view as perfectly Constitutional?
A new study indicates that “a 30% rise in the minimum wage means that 1 million people lose either their jobs or even the opportunity to work.” [Tim Worstall, James Pethokoukis] This and all other studies should be taken with caution, of course: “[We’ve] been talking about [it] confidently, as if we know for sure what will happen when these laws take effect. In fact, it’s very hard to study what happens when we raise the minimum wage.” [Megan McArdle] David Henderson on sneakily pro-union Los Angeles hotel minimum wage enactment [EconLib] Donald Boudreaux corrects The Guardian [Cafe Hayek] And Borderlands Books in San Francisco, threatened with closure after the city’s electorate voted in a minimum wage increase, may survive if it can get enough fans and customers to cover some of its costs in a sponsorship plan.
Time to rethink a traditional law enforcement practice? “In City of Los Angeles v. Patel, which will be argued in the Supreme Court March 3rd, a group of hoteliers have challenged the city’s ordinance requiring them to hand over customer data whenever a police officer wants it.” The innkeepers prevailed in an en banc Ninth Circuit ruling and the case is now before the high court [Jim Harper, Cato] More: Tim Cushing, TechDirt.
- I’m quoted dissenting from the seeming ENDA consensus [Caroline Preston, Al Jazeera America; earlier here and here; related, Mark Lee, Washington Blade last year, “ENDA and the Seduction of Symbolic Gestures”]
- EEOC gears up to fight employer wellness programs under ADA [Stephen Miller/SHRM, ABA Journal, John Holmquist/Michigan Employment Law Connection, Robin Shea/Employment and Labor Insider]
- Evidence still points to disemployment effects for low-skilled workers from minimum wage hikes [David Neumark et al NBER working paper via Ira Stoll, related] What’s the right minimum wage? As the NYT correctly perceived in 1987, $0.00. [David Henderson video, Prager]
- “Judge Calls Out NLRB Pro-Union Partisanship” [Labor Pains; document demands levied by agency against Univ. of Pittsburgh Medical Center]
- If you so much as think of declaring me fit for work, my lawyer will make you rue the day [Coyote on employer role in Social Security Disability]
- New Cato research brief, “Labor Market Fluidity and Economic Performance” [Stephen J. Davis and John Haltiwanger]
- Philly councilman wants to reserve city subsidies for unionized hotels [Joel Mathis, Philadelphia mag]
Reports Angus Loten in the WSJ:
Small-business owners face a growing number of disabled-access lawsuits in the wake of a recent appeals-court ruling giving rise to disabled “testers,” as well as the release of detailed federal specifications for curb ramps, self-opening doors and other standards.
…A November 2013 decision by the Eleventh Circuit Court of Appeals in a case against Marod Supermarkets found that someone who isn’t necessarily a patron could be a “tester” of disabled-access compliance. That cleared the way for individual plaintiffs to bring dozens, even hundreds, of lawsuits against multiple businesses, as serial testers….
The litigation upswing also follows the Justice Department’s release of a set of compliance standards for the 24-year-old federal disability law. Those standards, which came into force in March 2012, include detailed specifications for long-standing requirements, such as the allowable slope of a wheelchair ramp and the exact height of towel dispensers in accessible restrooms. They also introduced a new requirement for hotels with pools to provide a “pool lift” for disabled guests, which went into effect last year.
Some business owners say the lawsuits accomplish little more than providing revenue to attorneys. …
We warned about the pool-lift requirement multiple times. The article reports that plaintiffs are filing multiple suits against hotels in Florida for not having the lifts; along with Florida, California and New York account for a high share of all accessibility actions against local businesses and retailers, in part because of favorable state and city laws that increase complainants’ legal and financial leverage.