The new tax plan went into effect yesterday and will allow many pass-through companies to deduct up to 20% of their business income. The Boston Globe predicts that the change will lead gig workers to form LLCs in order to avail themselves of the deduction. The New York Times opines that this change will make workers more amenable to being classified as independent contractors rather than employees, with that classification making them ineligible for workers’ compensation, unemployment insurance, anti-discrimination protections, and unionization rights. (Notably, this federal innovation was foreshadowed in Kansas in 2012 when the state eliminated all tax on pass-through income. Kansas lost $200 or $300 million in revenue across three years, and then repealed the tax cut in response to a budget crisis.)
Moshe Marvit and Shaun Richman of the Century Foundation argue that just cause discharges must be part of the solution to exploitation in the American workplace. Just cause is a requirement that employers have a legitimate reason before discharging an employee. As Marvit and Richman argue, this would empower workers to ask for raises, resist sexual advances, unionize, raise health and safety concerns, and decline shifts that are nominally voluntary, all without fear of being fired in retaliation
Effective yesterday, private-sector employees in New York State are entitled to 8 weeks of leave at 50% of their usual pay to care for a sick relative or new baby. Domestic workers are included, and that is a boon to all women because it underscores the value of child care, points out Marissa Senteno of the National Domestic Workers’ Alliance. In this sense, the private sector may be doing better by parents than is New York City itself: the city doesn’t guarantee paid parental leave to workers whose contracts are negotiated collectively. Schoolteachers, to take a poignant example, are majority women. Those that want to become mothers either “hoard sick days or rely on the good luck that they will give birth at the end of June.”
A court order requiring the military to accept openly transgender recruits took effect yesterday. This development comes after the Trump Administration decided not to appeal adverse interim rulings from two federal courts of appeal. In the summer, the administration vowed to ban transgender people from military service. Four district courts temporarily blocked that ban, citing equal protection concerns, and the Fourth and D.C. Circuits upheld those rulings. Now, the ban is temporarily blocked while the litigation continues and the Department of Defense studies the impact of allowing transgender servicepeople to serve openly.
Daily News & Commentary
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April 16
7th Circuit questions the relevance of NLRB precedent after Loper Bright, unions seek to defend silica rule, and Abrego Garcia's union speaks out.
April 15
In today’s news and commentary, SAG-AFTRA reaches a tentative agreement, AFT sues the Trump Administration, and California offers its mediation services to make up for federal cuts. SAG-AFTRA, the union representing approximately 133,000 commercial actors and singers, has reached a tentative agreement with advertisers and advertising agencies. These companies were represented in contract negotiations by […]
April 14
Department of Labor publishes unemployment statistics; Kentucky unions resist deportation orders; Teamsters win three elections in Texas.
April 13
Shawn Fain equivocates on tariffs; Trump quietly ends federal union dues collection; pro-Palestinian Google employees sue over firings.
April 11
Trump considers measures to return farm and hospitality workers to the US after deportation; Utah labor leaders make final push to get the “Protect Utah Workers” referendum on the state’s ballot; hundreds of probationary National Oceanic and Atmospheric Administration employees were re-terminated
April 10
Chief Justice Roberts pauses reinstatement of NLRB Chairwoman Wilcox and MSBP Chairwoman Harris, former EEOC Commissioner Samuels sues Trump alleging unlawful firing, and unions sue to block Trump executive order targeting collective bargaining agreements at federal agencies that have national security missions.