- Court rebukes EEOC in big sex harassment class action against trucking firm [Memphis Commercial Appeal]
- Union protects some dodgy educators: “Found to Have Misbehaved With Pupils, but Still Teaching” [New York Times]
- Spain changes its labor law [Global Post]
- Employment-law blogs debate employment at will [Jon Hyman]
- James Sherk of Heritage on proposed Employee Rights Act;
- Unlawful under Contracts Clause to alter public employee pensions? Really? [Secunda, Workplace Prof; Barnes v. Arizona State Ret. Sys., Ariz. Super. Ct., No. CV-2011-011638, 2/1/12]
- Coalition challenges Connecticut governor’s executive order aimed at unionizing home health aides [Michael Tremoglie, Legal NewsLine]
Posts Tagged ‘labor unions’
Labor and employment roundup
- “Increasing Employment Discrimination Awards to Take Account of Adverse Tax Consequences” [TaxProf]
- NRA’s wrong on this: “Bill to bar employer bias against gun owners gets OK from Missouri House” [St. Louis Post-Dispatch]
- ALJ: “we are an at-will employer” handbook statement violates NLRA [Duane Morris Institute]
- “What the EEOC’s Strategic Plan Means for Employers” [Laura Harshbarger, NYLELR]
- Connecticut bill would require public schools to teach organized labor history [Raised S.B. No. 304; background from a supporter, PDF; h/t Fountain]
- SEIU hand seen in “Occupy”-allied sit-ins targeting GOP politicians [Richard Pollack, Daily Caller]
- Wage and Hour Litigation is Big—and Getting Bigger” [Shannon Green, Corporate Counsel]
“Wisconsin’s reforms are working”
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]
Herding home care workers into unions
In Illinois and other states, union-friendly governors have spearheaded efforts to redefine home care workers funded by state programs as public employees, the better to herd them into union representation. The upshot: persons who take care of their own family members in their homes, and accept checks from state programs designed to keep their loved ones out of nursing homes or other institutions, wind up being obliged to take on the status of employees (as distinct from contractors) and pay union dues, whether or not they are so inclined. Critics say the practice raises questions of freedom of association under the Bill of Rights, and the U.S. Supreme Court has signaled possible interest on the part of at least one justice by asking for additional information in the pending case of Harris v. Quinn. [Trevor Burrus, Cato; David Rivkin and Andrew Grossman, NRO; Ilya Shapiro and Trevor Burrus, Cato amicus brief]
Labor and employment roundup
- Two retaliation cases that should scare employers [Robin Shea via Jon Hyman]
- Maryland law redefining independent contractors as employees vexes flooring business [Bethany Rodgers, Frederick News Post, editorial, earlier] New York Times on minimum wage 1987 vs. 2012: 1987 made more sense [Mark Perry] E-discovery drives up cost of wage and hour litigation [Jon Hyman]
- Irony alert: “Unionized workers organize against National Labor Relations Board” [Adam Jablonowski, Daily Caller]
- Proposals to create new rights for public employee unions [Ivan Osorio/CEI, federal; Jack Mann/CEI, California] Courtesy LA taxpayers, garage monitor at L.A. Department of Water & Power makes $74K/year as compared with $21K elsewhere [L.A. Times via Amy Alkon] Connecticut governor proceeds with plans to herd personal care attendants into union [Trey Kovacs/CEI]
- Colorado measure regulating use of credit records in hiring is solution in search of problem [Mark Hillman, Colorado Springs Gazette]
- Connecticut proposal to ban unemployment discrimination heats up [Daniel Schwartz]
- German high court orders universities to raise salaries for starting professors [Walter Russell Mead]
February 17 roundup
- Mortgage robo-signing settlement not actually as punitive toward the banks as you might think, succeeds in sticking costs onto various parties not at table [FT, more (US taxpayers could wind up covering much of write-down costs through HAMP program); Felix Salmon (write-downs of underwater mortgages should not be assessed at face value); Mark Calabria, Cato and more, Bloomberg (banks managing to offload much of the cramdown onto investors such as pension funds); Daniel Fisher/Forbes one, two, three (banks get covert benefits, politicos get social engineering and fees — shades of the collusive tobacco settlement!); Above the Law (Schneiderman steers money to legal services programs); Linette Lopez, BI (banks still exposed on many issues). More: Hans Bader, John Steele Gordon.
- “Burned at mediation by my own Facebook post” [Stuart Mauney, Abnormal Use]
- As anti-discrimination law advances, religious liberty retreats [Roger Pilon, Cato] Two views on the birth control mandate [Cathy Young, David Henderson] More: Adler, Frum.
- Motel Caswell case from Tewksbury, Mass. heads to court, could test forfeiture law [Balko] More: Washington Post editorial.
- Which is more unreasonable, OSHA regulation or FAA’s? Open to dispute [John Cochrane, Grumpy Economist]
- Indiana becomes a right to work state. On to Michigan next? [Shikha Dalmia, Reason]
- Warning! Tale of trial psychologists in wizard garb comes from a sinister source, namely me [“In the News,” forensic psychologist Karen Franklin, handsome illustration swiped from Cato site]
“Democrats vs. Teacher Unions: The Battle Heats Up”
Walter Russell Mead notes a reformist initiative on teacher certification with perhaps an unexpected sponsor, the Democratic governor of Connecticut. [The American Interest; CTNewsJunkie.com]
P.S. On the ultimate frontier of teacher reform — the firing of bad teachers — see new reports from Troy Senik [Public Sector Inc.] and Marcus Winters [NY Post].
Labor and employment law roundup
- “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]
New York’s “Triborough Amendment”
A distinctively unfair bit of favoritism toward public sector unions, it legally locks in benefits after a contract expires, thus encouraging and rewarding union intransigence in negotiating the next. [Michael Allegretti, Public Sector Inc.; Empire Center for New York State Policy]
Labor and employment law roundup
- NLRB rules employment contracts that specify arbitration for group grievances violate federal labor law even in nonunion workplaces [D. R. Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel]
- Richard Epstein on “living wage” legislation [Defining Ideas]
- In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters]
- “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if convicted on felony charges of misappropriation of public funds, Beverly Hills school superintendent unlikely to forfeit pension [LA Times]
- “Against Forced Unionization of Independent Workers” [Ilya Shapiro on Cato amicus brief in Harris v. Quinn]
- Whoops: UAW officials appeal extortion sentence, 6th Circuit sends it back as too lenient [AutoBlog via Kaus]
- New York appeals court makes it harder to get weak NYC job-bias cases dismissed on summary judgment [Judy Greenwald, Business Insurance] Connecticut’s job-bias commission doesn’t seem to consider any cases frivolous any more [Daniel Schwartz]