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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 »

Today’s News & Commentary — March 15, 2018

Published March 15th, 2018 -

“Organized labor, once seen as fractured and feckless in the Trump era, gave the Democrat Conor Lamb his edge in Pennsylvania,” says a New York Times analysis of last night’s special election.  A Politico analysis also noted Lamb’s strong support from unions, noting that Lamb’s opponent, Rick Saccone, was a strong supporter of “right to work” laws.  In the days leading up to the election, NBC deta... More »

Today’s News & Commentary — March 14th, 2018

Published March 14th, 2018 -

Polls closed Tuesday night in the special house election in Pennsylvania between candidates Lamb and Saccone, with Lamb having a 579 vote lead. Though absentee votes have not yet been counted, Lamb took to the stage on Tuesday evening to announce his victory. Under Pennsylvania law, there is no automatic recount no matter how close the race. The New York Times reports. After signing in a round of ... 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 »

Weekend News & Commentary – March 10-11, 2018

Published March 11th, 2018 -

On Friday, the Labor Department reported 313,000 new jobs in February.  This is the largest single-month gain during the Trump presidency, and largest gain since July 2016.  The unemployment rate remained at 4.1 percent, a 17-year low.  The numbers are likely the result of robust job creation and a large work force.  The raise in hourly wages has not been as dramatic.  Hourly wages rose 0.1 percen... More »

Sixth Circuit Rejects RFRA Defense and Holds Title VII Bans Anti-Transgender Discrimination

Published March 8th, 2018 -

Yesterday in EEOC v. R.G. &. G.R. Harris Funeral Homes, the Sixth Circuit held that “Title VII protects transgender persons because of their transgender or transitioning status” as a form of sex discrimination. In comprehensive and unequivocal language, the court also rejected the Funeral Home’s asserted RFRA defense that employing Stephens while she represented herself as a woman would consti... More »

Today’s News & Commentary — March 8, 2018

Published March 8th, 2018 -

The Wall Street Journal reports that the Department of Labor plans to roll out a new pilot program next month in which employers may avoid civil penalties for wage and hour violations in exchange for voluntarily reporting their infractions to the federal government. Under the program, which is expected to run for a six month trial period, employers would still owe any back wages to employees who w... More »

Daily News & Commentary — March 5, 2018

Published March 5th, 2018 -

In a Bloomberg opinion article, New York University Law Professor Samuel Estreicher proposes a creative way that unions could withstand a Supreme Court defeat in Janus v. AFSCME: allow workers who object to paying union dues to instead donate an equivalent amount of money to the charity of their choice.  More »

Weekend News & Commentary — March 3-4, 2018

Published March 4th, 2018 -

In response to E.U. threats of retaliation against his proposed steel and aluminum tariffs, President Trump threatened that he would levy a new tax on cars imported from the European Union.  Presently, the United States levies a 2.5 percent tariff duty on cars made in Europe.  In addition to the European Union, China, Canada, and other major U.S. trading partners have threatened retaliatory measur... 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

News & Commentary Archive


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