Daily News & Commentary—March 13, 2018

Published March 13th, 2018 -  - 03.13.1812


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 Emanuel should have recused himself lacked support.

President Trump will be in California today to view border wall prototypes in San Diego.  California politicians have voiced tepid (at best) responses to the trip.  Governor Jerry Brown, in an open letter published yesterday, said that California is focused “on bridges, not walls,” and emphasized the role of welcoming “immigrants and innovators from across the globe” to California’s economic success.  California Senator Kevin de León called the President’s visit a “political stunt.”

Court filings made public yesterday in the putative class-action gender discrimination suit against Microsoft revealed that women working in U.S.-based technical jobs at Microsoft filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016.  It is not clear how this number compares to that of Microsoft’s competitors, but out of the 118 gender discrimination complaints filed, only one was deemed “founded” by Microsoft.  The filings were not sealed, despite Microsoft’s argument that the information be kept secret so as not to deter future reporting.

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