Lauren Godles is a student at Harvard Law School.
The legal battle over the Obama administration’s expanded overtime rule continues. Last Friday, the Department of Labor filed a motion in the Fifth Circuit, following the District Court’s nationwide preliminary injunction, seeking an expedited briefing schedule. The DOL petitioned that briefs be due February 7, 2017, and that oral arguments be scheduled soon after. On Monday, the state attorneys general who sued DOL over the rule filed their opposition, arguing that the lower court may issue a ruling on their motion for summary judgment “any day.” More background on the overtime rule here and here.
Unions came under further attack by Republicans this week when Rep. Virginia Foxx (R-N.C.), the incoming chair of the congressional panel that oversees labor issues, questioned the need for unions at all in today’s economy. Foxx told Reuters that organized labor has “sort of lost its reason for being,” given the laws that are currently in place to protect workers. Both AFL-CIO spokesman Eric Hauser and Rep. Bobby Scott (D-Va.), the ranking member of the House Education and Workforce Committee, pushed back on Foxx’s comments, arguing that unions bring large economic benefits to all workers and are vital for economic stability.
The private sector is turning out to increase protections for workers, even when not mandated by law. Yesterday, IKEA announced that it will offer paid parental leave to all employees, irrespective of gender, whether they are hourly or salaried, or the method of becoming a parent (birth, adoption, or foster care). And not only large corporations are adopting such measures. Small businesses are increasingly experimenting with raising wages for workers, including this upscale grocery in Washington, D.C., and several food vendors in Boston. It is still too soon to tell whether the corresponding price hikes will have a negative effect on business. But one of the grocery’s employees reports that “once she explains [to the customers] why the prices have risen, the customers are usually supportive.”
Lastly, what will it take for Donald Trump to help the working people who elected him? The New York Times Editorial Board writes that the President Elect will need to defend the Obama administration’s overtime rule through the appeals process, or else “he’ll be supporting the agenda of establishment Republicans and their corporate allies.” The Editorial Board also suggests that Trump will need to uphold Obama’s labor legacy in three key areas: making the government a model employer, setting clear guidelines for the gig economy, and preserving unions.
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August 2
WestJet flight attendants go on strike, and the American Federation of Government Employees challenges another VA attempt to terminate its collective bargaining agreement.
July 31
Legislators move to end mandatory arbitration in employment contracts; NYC tip laws result in greater pay for delivery workers; women's college basketball players seek to unionize.
July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.