Melissa Greenberg is a student at Harvard Law School.
An article in Law360 describes the National Labor Relations Board Inspector General’s report on the decision of NLRB Member Bill Emanuel not to recuse himself from Hy-Brand Industrial Contractors Ltd. This case reversed the joint employer standard established in Browning-Ferris Industries. Previous to his appointment to the Board, Bill Emanuel worked for Littler Mendelson P.C. The firm represented Leadpoint Business Services Inc., the contractor for Browning-Ferris Industries, at the time that the case was adjudicated by the NLRB. While the Inspector General said that Emanuel did not participate in misconduct in his failure to recuse himself, the Inspector General did say that “‘Member Emanuel’s participation in the Hy-Brand decision, when he otherwise should have been recused as outlined above, calls into question the validity of that decision and the confidence that the board is performing its statutory duties.'” Read more here.
The Upshot explores a Republican-backed proposal to allow parents to access their Social Security benefits after they have a baby as a form of paid leave. Originating from a group called the Independent Women’s Forum, the proposal would also require that when people retire who have drawn on their Social Security they delay receiving their benefits. Conservatives have favored the idea of Social Security as an “individual account” and allowing people to draw on their social security before retirement moves the program closer to this idea. However, opponents of the proposal worry that it will weaken Social Security and reduce benefits for retirees. Debra Ness, president of the National Partnership for Women & Families, stated, “‘[h]ere you have a situation where women live longer, but they tend to live both sicker and poorer because of the caregiving they do… With this proposal, we would be asking them to borrow against the already inadequate support they receive from Social Security.'” Ivanka Trump is reportedly studying this proposal, and Senators Joni Ernst, Marco Rubio of Florida and Mike Lee of Utah have all said they support this type of proposal.
The Wall Street Journal highlighted the findings of a recent working paper by two economists, Damon Jones at University of Chicago and Ioana Marinescu at the University of Pennsylvania. Their study found that Alaska’s yearly oil payments to its residents did not reduce employment levels in the state. Their findings could have implications for the debate on universal basic income (UBI). While the payments were smaller than those often proposed in UBI plans, the study supports the idea that UBI will not lead to workers dropping out of the workforce. Read more here.
Daily News & Commentary
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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.
July 23
A "lost year" for new NLRB precedent; work stoppage among court appointed lawyers continues in Massachusetts