Edward Nasser is a student at Harvard Law School.
Public Citizen filed a lawsuit on January 19th asking Department of Labor and the Occupational Safety and Health Administration to turn over copies of forms employers were required to file with the government. In 2017, for the first time, OSHA required companies with 250 or more workers and those in high-hazard industries with 20 or more workers to report summaries of their injury and illness records for the year prior. The Obama administration originally intended for such disclosure, but under the Trump administration, OSHA and the DOL reversed their position. The case is Public Citizen Found v DOL, D.D.C., No. 18-117, 1/19/18.
As the shutdown of the federal government drags into its first full workweek, federal agencies will each begin to implement their own contingency plans in full. Most government workers will report to work on Monday to learn if they will need to keep working or be forced to take unpaid leave. Each agency must determine which workers are essential to safeguarding human life or property and thus must continue. The Wall Street Journal reports some interesting examples: nearly 90% of workers at the Department of Homeland Security will continue to work while the Transportation Department will furlough just over 37% of its 55,000 workers.
On Sunday, The Intercept published a piece reporting on how the labor movement is looking ahead to a post-Trump world. The piece details how labor failed to gain the political capital to pass significant reforms in 1978 and 2009 that would have better protected workers and unions. Among the more ambitious proposals being floated as future goals are a push to end at-will firing, and a call for workers to demand their rights be treated as constitutional rights.
The Wall Street Journal reports on the changing face of labor and the effect a ruling against the American Federation of State, County and Municipal Employees in Janus might have. The piece includes charts and visuals about union participation rates in the public and private sectors as well as state by state breakdowns. Among the more interesting bits of information: union participation in Wisconsin, a state that famously passed a controversial right-to-work bill in 2015, has fallen 10% between 2000 and 2017.
Daily News & Commentary
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September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.
September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.