
Iman Masmoudi is a student at Harvard Law School.
Studies show an increase in the use of “manager” titles to skirt overtime pay; the Whitney Museum of American Art reaches an agreement with its unionized workers; and a history of forced labor comes to the fore in Korea-Japan relations.
The NYTimes reports on a growing set of studies that are uncovering a deceptive employment practice keeping workers from their overtime pay. Federal law does not require overtime pay for salaried employees making above $35K in managerial positions. Over the past several years, many employers have responded by mislabeling rank-and-file workers as managers or assistant managers. A paper by Lauren Cohen, Umit Gurun, & N. Bugra Ozel found “widespread evidence” of this practice, and noted that at the $35K threshold, there is almost a five-fold increase in managerial titles, including “Director of First Impression” for positions akin to front desk assistants, for example. The paper also shows that firm bargaining power, financial constraints, and overtime penalties all increased the frequency of such practices. The results lead to an estimated 13.5% wages avoided for firms who employ this practice.
After a year of sometimes tense bargaining, including demonstrations at Museum banquets and galas, the Whitney Museum of American Art has reached an agreement with its workers which won 90% ratification. Museum workers have continued a broad unionization push over the past five years across the arts sector, including at the Philadelphia Museum of Art and the Jewish Museum. The successful completion of this negotiation process is yet another hurdle passed for organizing arts workers, who said they felt unappreciated and ignored. The agreement includes significant pay raises, health and safety provisions, and a one time signing bonus.
Decades-old forced labor perpetrated by Japanese companies against South Koreans continues to animate negotiations between the countries as they attempt strengthen their security cooperation against North Korean aggression. Victims of the forced labor programs and their families insist that Japan has yet to properly compensate them and are asking for a fresh apology. Japan believes its 1965 treaty with Korea settled compensation issues, but recent lawsuits against Japanese companies have led to new judgements for a group of forced labor victims. The Korean President has announced he will instead pursue a state-run foundation from Korea’s own finances to compensate the victims, but the case provides yet another example of the enduring importance of labor issues to global peace and to enduring victims’ pain.
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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 […]
July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave
July 24
Texas District Court dismisses case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers; jury awards two firefighters $1 million after they were terminated for union activity; and Democratic lawmakers are boycotting venues that have not rehired food service workers.