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Today’s News & Commentary — March 23, 2018

Published March 23rd, 2018 -

A policy rider in the spending bill passed last night bars employers from skimming workers’ tips.  As we noted earlier this week, Democrats sought the rider after controversy engulfed the Department of Labor’s effort to repeal an Obama Era tip regulation.  The Trump rescission would have allowed employers to keep tips as long as workers were otherwise earning minimum wage.  Democrats say that, des... More »

Even Without Trump, Labor Law is Still Broken

Published March 23rd, 2018 -

So far, President Trump has appointed a Supreme Court Justice, Neil Gorsuch, who may cast the deciding vote to upend decades of settled labor law in two major cases, Epic Systems Corp. v. Lewis and Janus v. AFSCME; he has nominated dozens of right-wing lawyers for life-tenure on the federal courts, including one, Thomas Farr, who spent part of his career as a staff attorney for an anti-union organ... More »

Today’s News & Commentary — March 22, 2018

Published March 22nd, 2018 -

Despite its recent reversal of December’s Hy-Brand decision, the National Labor Relations Board is pushing forward with attempts to settle a case against McDonald’s which could have significant implications for joint-employer liability if allowed to go to trial.  NLRB General Counsel Peter Robb successfully requested a sixty-day stay of the case in January to pursue settlement talks, arguing in pa... More »

Today’s News & Commentary — March 21, 2018

Published March 21st, 2018 -

Bloomberg Law reports that congressional lawmakers are negotiating a funding bill for the government that would include a provision to calm controversy surrounding a proposed Department of Labor rule about pooling tips. The proposed DOL rule would reverse an Obama-era regulation stating that tips are the property of employees who earn them and cannot be distributed to other workers. The new rule w... More »

Today’s News & Commentary — March 20, 2018

Published March 20th, 2018 -

President Trump required senior white house employees to sign nondisclosure agreements in early 2017 the Washington Post reports.  The agreement, which prohibits staffers from revealing confidential information and stipulates damages for breach of the agreement, is meant to extend beyond President Trump’s time in office.  Per a draft of the agreement, staffers are prohibited from divulging any non... More »

Today’s News & Commentary — March 19, 2018

Published March 19th, 2018 -

Reuters reports that the United States State Department, Coca-Cola, and two additional companies are planning to commence a pilot program using blockchain technology to battle forced-labor practices across the globe.  Currently, More »

Weekend News & Commentary — March 17-18, 2018

Published March 18th, 2018 -

Late Friday evening, Attorney General Jeff Sessions fired former Deputy FBI Director Andrew McCabe. Sessions alleged that McCabe had made unauthorized disclosures to the media and “lacked candor” in speaking to an internal watchdog group – a fireable offense. McCabe was set to retire today, Sunday, with full pension benefits. President Trump tweeted that McCabe being fired marked... More »

Today’s News & Commentary — March 16, 2018

Published March 16th, 2018 -

Yesterday, in a 2-1 decision, the Fifth Circuit vacated the fiduciary rule, which was issued by the Obama Administration.  The Fifth Circuit found that the Department of Labor had acted arbitrarily and capriciously under the Administrative Procedures Act and the Department of Labor’s interpretation of “investment advice fiduciary” in the Employee Retirement Income Security Act should not be accord... More »

Daily News & Commentary—March 13, 2018

Published March 13th, 2018 -

Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case.  As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of interest and should have recused himself.  The motion argues, among other things, that the Inspector General Report concluding that Member ... More »

Today’s News & Commentary—March 12, 2018

Published March 12th, 2018 -

Teachers’ unions in other states are grappling with whether to follow the lead of West Virginia after the successful teachers’ union strike that concluded last week.  Rumblings of strike activity have emerged in Kentucky, Arizona, and Oklahoma.  Arizona and Oklahoma rank among the lowest in teacher pay in the country.  Joe Thomas, the president of the Arizona Education Association, recently met wi... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018

Estlund on Elizabeth Anderson's Private Government

Published January 19th, 2018

Law and Organizing

Published January 18th, 2018

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