Edward Nasser is a student at Harvard Law School.
The Atlantic reports that the #metoo movement has yet to deliver justice for low-wage workers who are victims of sexual harassment. The piece explains that sexual harassment is rampant in low-wage industries–50% of workers in the restaurant industry reported facing “scary” or “unwanted” sexual advances in a 2014 report–the difficulty in proving claims and risk of retaliation causes many to stay quiet.
The New York Times. Workers at these companies face uncertain labor conditions, with the constant looming threat of layoffs or wage cuts. In the last few months, 50 employees at Mashable were let go after the digital publisher Ziff Davis bought the website for $50 million, BuzzFeed fired 100 editorial employees after missing its revenue targets, and Refinery29 laid off 34 staff members.
The NLRB abandoned its 2011 ruling in Specialty Healthcare & Rehabilitation Center of Mobile on the issue of which employees can vote to form or join an existing union. In that case, the NLRB announced that unions could organize “micro units” of “readily identifiable” employees who shared employment commonalities. The Board announced it would revert to a “community of interest” test to determine who can be in a bargaining unit based on how workers are classified and organized, the types of jobs they do, and their skills and training.
While the Trump administration seems set to continue rolling back Obama-era protections for workers, some states are taking it upon themselves to pick up the slack. In recent years, New York has increased its minimum wage, expanded overtime eligibility, mandated more scheduling regularity, and enacted a paid family leave program. In part to combat the Trump administrations proposed “tip pooling” rule, New York is considering changing a law that allows employers to pay tipped workers less than the standard minimum wage provided that the difference is made up in tips.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]