Posts Tagged ‘National Labor Relations Board’

Labor roundup

  • “NLRB: Unions have a right to know employees home phone numbers. If firms don’t have them, they must obtain them.” [@JamesBSherk summarizing Sean Higgins/Washington Examiner on Danbury Hospital case]
  • Subpoenas get NLRB into redaction fight with McDonald’s [Sean Higgins/Examiner; more on joint-employer battle from International Franchise Association via Connor Wolf, Daily Caller]
  • George Leef reviews Daniel DiSalvo’s book on public sector unionism, Government Against Itself [Forbes]
  • “Seattle May Soon Force Uber And Lyft Drivers To Unionize” [Connor Wolf/Caller]
  • Your periodic reminder that the “add union organizing to protected classes under civil rights law” formula is one of the worst ideas ever [Jon Hyman, Wolf/Caller on Workplace Action for a Growing Economy (WAGE) Act sponsored by Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.)]
  • Sen. Orrin Hatch: my proposed Employee Rights Act would “allow workers a greater role in how their union represents them” [Washington Times, background at Washington Examiner]
  • Philadelphia union extortion and violence episode is a reminder it’s past time to revisit 1973 SCOTUS case of U.S. v. Enmons which tended to give a green light to such things [Mark Mix, Washington Times]

Labor and employment roundup

  • The Bernie-Sanders-ized Democratic Party: $15/hour minimum for tipped workers now a platform plank [Evan McMorris-Santoro, BuzzFeed]
  • Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]
  • Ellen Pao drops suit against Kleiner Perkins, complaining that California job-bias law, often considered among the nation’s most pro-plaintiff, is against her [ArsTechnica, earlier]
  • “Court of Appeals Reverses Board Decision Allowing Employees to Wear ‘Inmate,’ ‘Prisoner’ Shirts in Customer Homes” [Seth Borden, McGuireWoods]
  • “New Jersey’s Supreme Court has dramatically expanded the state’s whistleblower law… the Court’s decision confirms that CEPA likely is the most far-reaching whistleblowing statute in the U.S.” [New Jersey Civil Justice Association, more, Ford Harrison]
  • In NLRB-land, an employee can act all by himself and it will still be “concerted” action protected as such under the NLRA [Jon Hyman]
  • New York City government to invest in hiring halls for day laborers [New York Daily News]

NLRB’s “impractical, dangerous” Browning-Ferris ruling

Courts will eventually strike down the National Labor Relations Board’s awful Browning-Ferris ruling (earlier) extending labor-law liability across many franchising and subcontracting relationships, predicts lawyer and former NLRB member Marshall Babson at the New York Times’s “Room for Debate.” More: Sean Hackbarth, U.S. Chamber. And my Cato piece on the ruling has been reprinted at the Foundation for Economic Education.

P.S. Republicans introduce bill to overturn ruling, prospects uncertain so long as Democrats in position to sustain presidential veto.

“Union leaders are livid”

Scott Walker has announced a far-reaching package of labor reforms going far beyond the cautious Republican norm, including abolishing the NLRB and transferring its power to other agencies, eliminating federal unions, making right-to-work the default federal labor law regime unless states opt out, repealing Davis-Bacon, and more. [Reason, Associated Press, Hot Air interview] Union leaders, quite understandably from their perspective, lost no time in speaking out loudly against Walker’s ideas. Why, one wonders, don’t more business people speak out as loudly against the ideas of Bernie Sanders?

Wage and hour roundup

  • “No unpaid internship in the for-profit sector ever has or ever will satisfy these [USDOL] rules” [Bryan Caplan]
  • Obama wage/hour czar David Weil doubles as a key ideologist of the kill-outsourcing crowd [Weekly Standard, related earlier on NLRB move against franchise and subcontract economy]
  • “A $15-hour minimum wage could harm America’s poorest workers” [Harry Holzer, Brookings] Alderman Antonio French, a key Ferguson protest figure, opposes minimum wage hike in St. Louis [Washington Post “WonkBlog”]
  • “Andrew Cuomo’s leftward lurch: Calling for a $15-an-hour minimum wage is his latest out-of-character move” [Bill Hammond, NY Daily News] Since minimum wage hike, mini-recession has hit employment in Los Angeles hotel sector [Ozimek]
  • Court ruling: Yelp reviewers volunteer their reviews and are not entitled to be paid for them [Courthouse News]
  • 400 Uber drivers: don’t let them take away our independent contractor status [Daniel Fisher, Forbes] Mandated benefits and the “Happy Meal Fallacy” [Tabarrok]
  • “Bill Would Make Maryland Employers Set Work Schedules Earlier” [WAMU on Del. David Moon’s “Fair Work Week Act”; related on national “Schedules That Work” Democratic legislation, Connor Wolf/Daily Caller]

NLRB: we’re coming after franchisors and subcontractors

In a long-feared ruling, the Obama National Labor Relations Board has ruled that a company that employs subcontractors or engages in franchising can over a wide range of situations be deemed a “joint employer” for purposes of liability for labor law violations and obligation to bargain over wages and working conditions with subcontractors’ or franchisees’ work forces. The decision imperils many of the most successful business models on the American economic scene. I’ve got a write-up at Cato observing that the ruling is likely to wreak havoc with, among many other sector, Silicon Valley and sharing-economy launches and asking “One wonders whether many of the smart New Economy people who bought into the Obama administration’s promises really knew what they were buying.”

More coverage of the NLRB’s Browning-Ferris ruling: Reuters (quotes me on the not-bright prospects for Hill action); Seyfarth Shaw; Tim Devaney, The Hill; “Good week to change name of NLRB to National Labor Resuscitation Board.” [Jonathan Segal] And, from standpoints supportive of the ruling, Al-Jazeera and Prof. Catherine Fisk/On Labor.

P.S.: At the Weekly Standard, Andrew B. Wilson notes that Obama wage/hour czar David Weil doubles as a key ideologist of the kill-outsourcing crowd.

August 19 roundup

  • “Photos of Your Meal Could be Copyright Infringement in Germany” [Petapixel]
  • National Labor Relations Board opts to dodge a fight with college football [Daniel Fisher, Forbes]
  • Governor’s commission charged with recommending new redistricting system in Maryland includes possibly recognizable name [Washington Post, Southern Maryland Newspapers; thanks to Jen Fifield for nice profile at Frederick News-Post]
  • Trial bar’s assault on arbitration falls short: California Supreme Court won’t overturn auto dealers’ standard arbitration clause [Cal Biz Lit]
  • Ontario lawyer on trial after prosecutors say sting operation revealed willingness to draft false refugee application [Windsor Star, more]
  • “Vaping shops say FDA regulation could put them out of business” [L.A. Times, The Hill] Meanwhile: “e-cigarettes safer than smoking, says Public Health England” [Guardian]
  • I was honored to be a panelist last month in NYC at the 15th annual Michael R. Diehl Civil Rights Forum, sponsored by the law firm of Fried, Frank, alongside Prof. Marci Hamilton (Cardozo) and Rose Saxe (ACLU) discussing the intersection of religious accommodation and gay rights [Fried, Frank] Also related to that very current topic, the Southern California Law Review has a symposium on “Religious Accommodation in the Age of Civil Rights” [Paul Horwitz, PrawfsBlawg]

Here comes a NLRB move to unionize temps

The ever-busy-these-days National Labor Relations Board “invited interested parties to submit amicus briefs in Miller & Anderson, Inc. in connection with the Board’s reexamination of critical issues affecting the ability of unions to organize employees employed by temporary and staffing agencies (‘temporary employees’) in the same bargaining units as employees of an employer that supplements its direct workforce with temporary employees.” [Steven Swirsky/Epstein Becker & Green, Marc Jacobs/Seyfarth Shaw]

Labor roundup

Labor roundup