Alexa Kissinger is a student at Harvard Law School.
Law360 published a list of employment cases to watch in 2017. The upcoming attractions include the ongoing debate over class action waivers, the NLRB’s decision regarding joint employer liability in Browning-Ferris, whether Title VII of the Civil Rights Act bars employers from discriminating against an employee because of his or her sexual orientation, and more. The article predicts that although the regulatory pendulum will likely swing back toward the management side given the inclination of the incoming administration, several pending cases could have greater impact than any regulation.
In France, a new labor law gives employees the “right to disconnect” from email, smartphones, and other electronic devices once their work day has ended. The rule requires companies with 50 or more employees to negotiate new out-of-office email guidelines with staff and to regulate outside use to ensure employees are taking off. According to CNN, the law is a victory for French unions, which have long complained that the digital revolution demands employees continue to work even outside of work hours—which in France is 35 hours a week. Several businesses are planning to shut their email systems down overnight to prevent anyone from violating company policy.
The Editorial Board of the New York Times published an opinion piece raising concerns that President-Elect Trump severely misunderstands and underestimates his soon-to-be employees—federal government workers. Citing Mr. Trump’s promises to pay off the $19 trillion national debt merely by targeting federal agency “waste, fraud, and abuse,” threats of a blanket hiring freeze to an already-declining civilian federal workforce, and a series of requests from his transition team for lists of employees working on climate change initiatives and programs “promoting gender equality,” the Editorial Board described “bizarre moves that have unnerved the federal work force.” The Board further encouraged the incoming administration to take a broad look at the bureaucracy, and to seek ways to make the machinery more effective by engaging the agencies and lifting up their missions.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.