A criminal prosecution of a mining executive for safety violations — an exceedingly rare occurrence — has resulted in conviction of a misdemeanor, reports Lydia DePillis at the Washington Post. After a 2010 mine collapse in West Virginia killed 29 people, an investigation revealed that Don Blankenship, chief executive of Massey Energy, had ignored a range of warning signs and had personally demanded “ever-greater output at the expense of safety.” Last week, a federal jury found Blankenship guilty of conspiracy to violate mine safety regulations, but acquitted him on two more serious counts of deceiving investors and regulators. Mine safety expert Davitt McAteer, noting that “[w]e’ve been mining in this country since 1880, and this is the first time that this has happened,” attributes the successful prosecution of Massey Energy executives to the coal industry’s declining political influence: “[Even fifteen years ago, you] wouldn’t have had the willingness of the U.S. attorney to accept that coal industry persons could be responsible. When coal was king, this could not have happened.”
In an opinion piece in the Wall Street Journal, Robert Odawi Porter writes in support of the Trial Labor Sovereignty Act, which passed the House on November 17 and is now before the Senate. The bill would exempt tribal governments from application of the National Labor Relations Act (NLRA) in recognition of their exclusive authority to regulate labor relations within their territories. If it becomes law, the bill would effectively reverse the impact of San Manuel Indian Bingo & Casino v. NLRB, 475 F.3d 1306 (D.C. Cir. 2007), which determined that the NLRA could apply to employment at a tribal casino where the casino catered to non-Indians and mostly employed non-Indians. Porter argues that the bill is necessary to prevent gaming revenues from being siphoned away from tribal governments, in violation of treaty promises to respect tribal self-governance and self-determination.
The Orlando Business Journal reports that the Florida Department of Economic Opportunity has issued a final order on the employment classification for Uber drivers in the state. Unlike California and Oregon, Florida has classified Uber drivers as independent contractors, not employees. The agency concluded, based on facts about the drivers’ “significant control over the details of their work,” that “Uber operates not as an employer, but as a middleman and broker for transportation services.” The order also noted that, even though platforms like Uber would not be in business without its service-providers, it did not follow that the platforms employ those service-providers. Rather, “[t]hese platforms are helping people pursue what has always been an important part of the American dream: to be one’s own boss.”
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June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching
June 26
A district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers; workers organize for the reinstatement of two doctors who were put on administrative leave after union activity; and Lamont vetoes unemployment benefits for striking workers.
June 25
Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.
June 24
In today’s news and commentary, the DOL proposes new wage and hour rules, Ford warns of EV battery manufacturing trouble, and California reaches an agreement to delay an in-person work mandate for state employees. The Trump Administration’s Department of Labor has advanced a series of proposals to update federal wage and hour rules. First, the […]