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Wisconsin

May 2 roundup

by Walter Olson on May 2, 2013

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For a second time, labor unions and their allies have failed to unseat a member of the majority on the Wisconsin Supreme Court, which badly undercuts their chances of getting the court to invalidate Gov. Scott Walker’s Act 10. I’ve got details at Cato at Liberty.

March 22 roundup

by Walter Olson on March 22, 2013

  • $10 million judgment “won’t hit Albuquerque property owners on their tax bills because it’ll come out of [city's] self-insurance fund” Say what? [Albuquerque Journal via Ed Krayewski, Reason]
  • Latest Bloomberg scheme: ban display of tobacco products [Jacob Sullum, Patrick at Popehat, Patrick Basham/Daily Caller, Ira Stoll, Elie Mystal/Above the Law]
  • Female? Hispanic? Planted a backyard garden between 1981-2000, while wishing you could have gone bigger with the hobby? Feds’ ag-bias settlement may have bucks for you [James Bovard/WSJ, earlier on Pigford black-farmer settlement here, here, here, etc.]
  • Newly published, includes blurb by me: Mark White, The Manipulation of Choice: Ethics and Libertarian Paternalism [Amazon]
  • “NYC adopts nation’s toughest law against refusing to hire unemployed” [AP, earlier here, etc.]
  • Estate of judge is suing prominent Philadelphia class action lawyer over fall at party in home [Legal Intelligencer]
  • For Wisconsin’s left, Roggensack/Fallone judicial contest might be the last hope for derailing Gov. Walker’s labor reform [Rick Esenberg]

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  • Seventh Circuit upholds Wisconsin Gov. Scott Walker’s public sector labor law reform [Milwaukee Journal-Sentinel]
  • In theory, California workers fired for cause aren’t entitled to unemployment compensation. In practice… [Coyote]
  • Comstockery meets occupational licensure: how New York’s Cabaret Law tripped up Billie Holiday [Bryan Caplan]
  • New Jersey lawmakers move to cut nonunion workers out of Hurricane Sandy recovery jobs [Jersey Journal]
  • Cheer up, plaintiff’s bar, you’re doing very well these days out of FLSA wage-and-hour actions [Max Kennerly]
  • Back to “spiking”: “CalPERS planning to gut a key cost-control provision of new pension law” [Daniel Borenstein, Contra Costa Times] When government negotiates with public sector unions over pay, the process should be transparent to taxpayers and the public [Nick Dranias, Goldwater Institute]
  • Sacre bleu! Labor law reform reaches France [NYT]

With a new law, Vernon County, Wisconsin has put itself at the forefront of attempts to regulate disparaging email, online chat, blogs, Facebook posts (specifically cited by one advocate at a hearing), and Twitter. The law seems to be a product of the media hype over “cyberbullying.” [Popehat, Volokh]

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Labor and employment roundup

by Walter Olson on September 25, 2012

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The Toronto Globe and Mail prints my letter to the editor correcting some misrepresentations of U.S. labor law by Canadian Auto Workers union economist Jim Stanford. The text of the letter as it ran, slightly abridged, in the paper:

Jim Stanford says that in the 23 states with “right to work” laws, unions are “effectively prohibited; indeed, in right-to-work states, private-sector unionism is virtually non-existent” (Wisconsin’s Disease Crosses The Border – July 3).

This would come as a surprise to millions of employees in those 23 states who join and are represented at their workplace by unions. In Alabama, for example, which has had a right-to-work law since 1953, 183,000 workers (about 11 per cent of the labour force) are represented by unions, including 84,000 workers in the private sector. (source)

Emboldened or otherwise, Republicans in the states have no authority to alter the 1935 Wagner Act or other federal laws. In states like Wisconsin, they have sought to alter laws prevailing in about two-thirds of states that prescribe collective bargaining by public employees; these laws are of much more recent vintage than the New Deal, often dating to the 1960-85 period. Given Franklin Roosevelt’s well-documented skepticism toward collective bargaining by government employees, it is no surprise that he did not see fit to build any such element into his New Deal.

Walter Olson, senior fellow, the Cato Institute, Washington

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  • Gov. Walker’s public sector labor reforms popular with Wisconsin voters, and have saved taxpayers a fortune [Morrissey, Fund, Marquette poll (public favors new law by 50-43 margin] What would FDR say? [Dalmia, The Daily]
  • “Why you should stop attending diversity training” [Suzanne Lucas, CBS MarketWatch, following up on our earlier post]
  • The gang that couldn’t regulate straight: “Court rebuffs Labor Department on sales rep overtime” [Dan Fisher, Forbes] Lack of quorum trips up NLRB on “quickie”/ambush elections scheme [Workplace Prof]
  • Not all claimed “gun rights” are authentic, some come at expense of the vital principle of at-will employment [Bainbridge]
  • Brace yourself, legal academics at work on a Restatement of Employment Law [Michael Fox]
  • “Why Delaware’s Proposed Workplace Privacy Act Is All Wrong” [Molly DiBianca]
  • USA Today on lawyers’ role in growth of Social Security disability rolls [Ira Stoll]

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Another infuriating extension of asset forfeiture law. [Radley Balko, Huffington Post]

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Mitt Romney, following a long tradition of GOP candidates unable or unwilling to resist the continued expansion of employment discrimination law, has pre-emptively blessed Congress’s 2009 enactment of the ill-advised Lilly Ledbetter Fair Pay Act gutting statutes of limitation. Hans Bader offers reasons why he should consider drawing the line. [Examiner] More: Ted Frank.

Related: Wisconsin Gov. Scott Walker signs bill repealing duplicative damages law passed by his Democratic predecessors, thus contradicting the accepted narrative in which the scope of available damages in job-bias suits is supposed to be revisable only in an upward direction.

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Sensible changes to the ground rules on labor relations — including the option to go around the union’s monopoly provider of health care insurance — are saving local governments hundreds of millions of dollars. [John Steele Gordon]

P.S. Bill McGurn on public employee unions in the still very unreformed state of New Jersey [Hillsdale "Imprimis"] And: how some public employees “spike” their pensions in California [L.A. Times via Amy Alkon]

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February 24 roundup

by Walter Olson on February 24, 2012

  • Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
  • NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
  • “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
  • Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
  • Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
  • Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
  • Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)

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  • “Off-clock work: Flintstone laws in a Buck Rogers world” [Robin Shea] “NY Times offers unpaid internships after reporting on their questionable legality” [Poynter]
  • Walker labor reforms in Wisconsin get results [Christian Schneider: City Journal, NY Post] “Watch the Walker recall election” [John Steele Gordon, Commentary]
  • No prize for spotting fallacy: complaints that too many Europeans are collecting state disability payments construed as “demonizing disabled people” [Debbie Jolly, ENIL]
  • “What could be worse than a self-righteous TSA agent? Answer: A TSA agents’ union advocate.” [Ken, Popehat]
  • “Why Mitt Romney likes firing people” [Suzanne Lucas]
  • Free speech and union dues: Tim Sandefur on the oral argument in Knox v. SEIU [PLF Liberty Blog] More: Jack Mann, CEI.
  • My book on employment and labor law, The Excuse Factory, is alas still not available in online formats but you might find a bargain on a hardcover [Free Press/Simon & Schuster]

December 27 roundup

by Walter Olson on December 27, 2011

  • Exoneree’s ex sues him for share of state’s wrongful-imprisonment payout [Dallas Observer via Balko]
  • Gibson’s alleged crime: ebony veneer too thick [Andrew Grossman, earlier here, here]
  • About that flap over “free” lawyer representation of Wisconsin high court justice [Rick Esenberg, Shark and Shepherd]
  • Allegation: Binder & Binder, largest Social Security advocacy firm, used red stickers to flag clients’ unfavorable medical info, often withheld it from disability-claim judges [WSJ]
  • “Judge Dismisses Landmark Bribery Conviction, Rips DOJ” [WSJ Law Blog, Lindsey order, more, my Cato post] FCPA reverse for federal prosecutors in arms trade case [BLT]
  • Congress passes bill clarifying jurisdiction, venue [Howard Wasserman, Prawfs]
  • Important reason to record cop-citizen interactions: to protect police from false claims [Scott Greenfield]

“A Milwaukee lawyer who calls himself the ‘lemon law king’ is vowing to never take on a Republican client because of a new law limiting attorney fees in Wisconsin. … In a statement issued on Monday, [Vince] Megna compared Wisconsin to North Korea.” [ABA Journal]

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A swipe at school choice?

by Walter Olson on November 10, 2011

“The Department of Justice has begun an investigation into Wisconsin’s Department of Public Instruction, probing whether Milwaukee’s state-administered voucher system is discriminating against students with disabilities.” [Joy Resmowits, Huffington Post]

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American legislatures since the 1970s have widely employed “one-way” fee provisions — under which courts award fees to prevailing plaintiffs, but not to prevailing defendants — as a way of encouraging plaintiffs and their lawyers to bring a maximum of legal action; especially when the fee shifts are generously calculated, such provisions also put strong pressure on defendants to settle potentially defensible cases rather than take the risk of a big fee award that may exceed the sums in controversy. Now Wisconsin lawmakers are thinking of making the playing field a bit more level by reining in one-way awards, especially those that exceed the underlying dispute; another way of approaching the issue, of course, would be to make the shifts two-way. [Rick Esenberg]

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  • Ohio vote looms on Wisconsin-style public labor reform [NRO Corner, Columbus Dispatch, Atlantic Wire, Buckeye Institute "S.B. 5", Brian Bolduc/NRO]
  • Florida lawmaker proposes leave for some employees with domestically abused pets [Eric Meyer]
  • UK proposal: let employers have frank talks with underperforming workers without fear of liability [Telegraph]
  • “Wisconsin legislation could restrict punitive damages for job bias” [AP]
  • No, your mover can’t enter the building: a Chicago lawyer encounters union power [Howard Foster, Frum Forum] An insider’s game: “Two teachers union lobbyists teach for a day to qualify for hefty pensions” [Chicago Tribune]
  • Alternatively, we might just want to go back to freedom of contract: “An employer’s bill of rights” [Hyman]
  • Michael Fox on “Healthy Workplace Act” proposal creating rights to sue over on-job bullying [Jottings]
  • Feds put employer use of “independent contractors” under microscope [Omega HR] FLSA risks to employer of using unpaid interns [SmartHR]
  • A bit of health care deregulation from Obama [Tyler Cowen] Related on nurse practitioners: [Goodman]