January 29th 2022
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The 2020 election of President Biden coupled with Democratic control of Congress brought with it a new wave of hope for federal labor law reform. But as the prospects of such reform have dimmed, we are left where we have been for decades now: with a severely...
Three cases involving the right of workers to wear Black Lives Matter insignia at work could lead to a change in how the Board interprets Section 7 of the NLRA. The cases involved Whole Foods, Home Depot and Kroger, all of whom have been accused of retaliating...
Congressional Democrats’ proposal to institute a national paid family and medical leave program for workers has been officially cut from Congress’s upcoming reconciliation bill, according to several outlets yesterday. The proposal, which initially sought to...
In a report published yesterday, researchers at the UC Berkeley Labor Center found that Massachusetts rideshare drivers could earn well below the federal and state minimum wage under a proposed state ballot initiative pushed by ride-hailing giants Uber and...
The weekend brought a number of developments in the evolving Senate negotiations over President Biden’s $3.5 trillion budget package. On Sunday evening, the Senate Parliamentarian opined that a measure creating a pathway to citizenship for millions of...
On Thursday, Biden announced plans for a monumental vaccine mandate that could apply to as many as 100 million Americans. Under the mandate, employers with more than 100 workers will need to either be vaccinated or else face weekly testing; businesses will also be...
Yesterday, Democrats on the House Committee on Health, Education, Labor, and Pensions (HELP) released a completed draft for its part of Congress’s upcoming reconciliation bill. Along with other blockbuster proposals, the Committee’s $450 billion package...
Recently, Senate Democrats have begun discussing plans to enable the National Labor Relations Board (NLRB) to levy civil monetary penalties on employers who commit unfair labor practices (ULPs) as part of their broader reconciliation bill on infrastructure. ...
In an awaited decision on Thursday, the Supreme Court ruled 6-3 that a series of Arizona laws restricting voting access—which have a disparate impact on voters of color—did not violate the 1965 Voting Rights Act (VRA). The first of these restrictions nullified any...
A new study out of the Peterson Institute for International Economics found that the existing penalties and likelihood of penalties levied against U.S. companies that violate the FLSA or the NLRA are not strong enough to incentive companies to follow the laws. The...
Congressional Democrats have pushed forward another front in the movement to reshape college athletics. A bill introduced on May 27 would make college athletes employees of their respective schools with the right to form unions and bargain collectively. The...
“Employees shall have the right . . . to engage in . . . concerted activities for the purpose of collective bargaining or other mutual aid or protection.” So reads Section 7 of the NLRA. But what counts as “concerted” activity? And what kinds of activities are for...