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Some eye sleep patterns as the next frontier for government intervention in the name of public health. [Cohen, Prawfsblawg]


National Public Radio is the latest news organization to take note of a very unwelcome, and presumably unforeseen, effect of ObamaCare that has already been covered extensively on the blogs.


A new book and a “60 Minutes” report have brought back into the news the case of the killer nurse who murdered at least dozens of patients in New Jersey and Pennsylvania with drug overdoses and may have killed many more. There’s plenty of blame to go around among hospitals and others, but readers of this site will recall reason Cullen’s career went on so long: “When hospitals checked Cullen’s resume and previous jobs, they were given positive or neutral reports by his former employers, who feared getting sued if they provided a negative one.” [Asbury Park Press] Earlier here, here, etc.

  • For most private-sector employers it’s illegal to let workers take comp time off in lieu of overtime; H.R. 1406, the Working Families Flexibility Act of 2013, would fix that [Hyman]
  • Christine Quinn take note: laws requiring paid sick leave do not constitute social progress [Richard Epstein]
  • Occupational hazards of bagpipe playing (other than being chased out of your neighborhood) [Donald McNeil Jr., New York Times]
  • “Phoenix ‘Not Looking for Strong Swimmers’ for Lifeguard Jobs” [David Bernstein; earlier on discrimination against deaf lifeguards]
  • Decline of full-time work in retail sector in response to ObamaCare: year’s biggest employment story? [Warren Meyer, FoxNews (largest movie theater chain cuts hours for thousands of employees)]
  • City of Philadelphia not doing well on workers’ comp program, to say the least [Workers' Compensation Institute]
  • “New labor rule will violate attorney-client privilege” [Diana Furchtgott-Roth, D.C. Examiner]
  • “Calling a Co-Worker ‘Stupid’ Not Enough to Prove ‘Disability’, Court Says” [Daniel Schwartz]

A survey promoted by the U.S. Department of Labor makes that curious claim, but Jon Hyman’s readers beg to differ [Ohio Employer Law]


Labor and employment roundup

by Walter Olson on February 12, 2013

  • “Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired …But Only If You’re a Police Officer” [Connecticut cop smashed into two cars during epileptic seizure; Daniel Schwartz]
  • “Emotional labor”: is having to be cheerful to customers a form of capitalist slavery? [Tim Noah v. Andrew Sullivan]
  • CalPERS: “The pension fund that ate California” [Steve Malanga, City Journal]
  • Restaurant Opportunities Center (ROC), other “worker centers” on the rise: “Will ‘alt-labor’ replace unions?” [Salon; critical anti-ROC site via Matt Patterson/CEI]
  • Without benefit of an act of Congress, EEOC is interpreting the law to prohibit transgender bias [Workplace Prof]
  • “The Nation: Government-Mandated Lunch Breaks are Somehow Libertarians’ Fault” [Shackford, Reason]
  • Historian challenges received account of Haymarket Affair [Ron Radosh]

A new Oregon law forbids employers “to advertise a job opening if they won’t consider applicants who are unemployed.” [CNBC] Earlier on efforts to make jobless persons into a new protected class under discrimination laws here, here, etc.


Disabled rights roundup

by Walter Olson on December 18, 2012

  • More reactions, besides mine, to Senate’s non-ratification of U.N. disabled-rights treaty [Hans Bader, NYT Room for Debate including notably David Kopel's, Julian Ku ("Support Ratification of the Convention on the Rights of Persons with Disabilities Because It Doesn’t Do Anything!"), Tyler Cowen (keep powder dry for bigger ratification battles), Peter Spiro (proposes end run around Senate)] More, Sept. 2013: Eric Voeten, Monkey Cage and more (dismissing as insignificant U.N. committee reports criticizing countries for alleged violations because “these reports can be and often are ignored,” and accusing treaty critics of being mere “conservative fantasists” because they take at their word their counterpart “liberal fantasists” who expect and welcome erosion of U.S. autonomy in domestic policy.)
  • As Department of Justice rolls out Olmstead settlements to more states, battles continue between disabled rights advocates seeking closure of large congregate facilities and family members who fear mentally disabled loved ones will fare worse in “community” settings [Philadelphia City Paper via Bagenstos, NYT on Georgia, earlier, more background] More, Sept. 2013: And here’s someone claiming that I’ve got it all wrong, Olmstead has already pre-settled whatever claims to a right-to-care might reasonably be asserted under CRPD. I don’t think so.
  • “Utilityman can’t climb utility poles, but has ADA claim against utility company” [Eric Meyer]
  • Kozinski: Disney “obviously mistaken” in arguing against use of Segway by disabled visitors [Sam Bagenstos; related, Walt Disney World, Eleventh Circuit]
  • Wendy’s franchisee agrees to pay $41,500 in EEOC settlement after turning away hearing-impaired cook applicant [EEOC]
  • California enacts compromise bill aimed at curtailing ADA filing mills [Sacramento Bee, LNL]
  • “Train your managers and supervisors never to discuss employees’ medical issues.” [Jon Hyman]

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A former Bethlehem, Pa. city employee who “was charged with and ultimately pled guilty to harassment” after persistently bothering an ex-girlfriend co-worker has lost his wrongful-termination suit against the city, with the Third Circuit upholding its dismissal on summary judgment. [Eric B. Meyer]

I joined Bay Area public radio host Marty Nemko (KALW) on Sunday for a discussion of the pluses and minuses of the Americans with Disabilities Act, and specifically as it applies to the workplace. I focused on the minuses, while disability rights attorney Claudia Center emphasized the pluses. You can listen here.


To get your power turned back on in the Rockaways, according to a spokesman for the Long Island Power Authority, you’re going to need a pre-inspection for your house not just from a licensed electrician, but from one licensed in NYC — nearby Nassau County, or upstate, won’t do. If occupational licensure makes any sense at all — and Milton Friedman had a thing or two to say about that — it certainly needs to be reconsidered under conditions of public emergency and disaster recovery, or so I argue in my new post at Cato at Liberty.

For more background on the Long Island Power Authority (LIPA) as a political football, by the way, check out Nicole Gelinas in the New York Post. Also on disaster recovery, why this might be a good time to rethink municipal ordinances barring property owners from removing old trees [Chris Fountain]. And: “Can customers sue power companies for outages? Yes, but it’s hard to win” [Alison Frankel, Reuters]


A widely foreseen consequence of the new health-care law is coming to pass. [WSJ via Adler]

The Department of Labor seems to be taking a new tack against employers of H-1B workers [Stuart Anderson, Forbes] Related: Alex Tabarrok.

More: “the U.S. is inexplicably telling the smartest immigrants to go home.” [Sam Gustin, Time via Alkon]

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Gov. Brown starts vetoing

by Walter Olson on October 8, 2012

The California legislature this term chose to pass a raft of exceptionally bad legislation burdening business and employers, and Gov. Jerry Brown, perhaps mindful of the state’s ongoing poor economic performance, last week vetoed many of them [Ira Stoll, NY Sun; Steven Greenhut, City Journal] Among the vetoes: bills widening the rights of housekeepers’, babysitters’ and other domestic workers to sue their employers [earlier here, here]; greatly widening the survivors’ benefits paid for public safety workers [earlier, update]; unionizing grad student research assistants [Daily Californian] and an ostensible farmworker safety measure [Ruth Evans, Fresno Bee]

P.S. “Starts” isn’t really accurate, since, as David Boaz has pointed out, Gov. Brown cast some good vetoes last year.

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Yes, you do have to submit to tax withholding on that back and front pay award, says the Second Circuit [Daniel Schwartz]

An Ohio federal court decision, in the case of a woman complaining of sensitivity to the perfumes worn by co-workers, may herald a new dawn of ADA telecommuting rights. I explain at Cato at Liberty.


As a strong defender of the Second Amendment, my views more often than not align with those of the National Rifle Association, so I’m especially disappointed to see the NRA stepping up its campaign against other important elements of liberty, specifically the property- and contract-based liberty of employers to insist (if they so wish) that employees not bring guns to company premises, including parking lots. My Cato colleague Roger Pilon lays out the issue and rightly upbraids chief NRA lobbyist Chris W. Cox (not the former California Congressman) for misunderstanding the constitutional issues. Earlier on the NRA’s blind spot here, here, and here (with reader disagreement). [Corrected to fix misidentification of Cox]