A New York Times piece covers the impact of drug tests (and drugs) on the economy. In particular, it profiles various manufacturing companies in the Midwest, revealing the challenges they face filling jobs due to the proportion of applicants who fail drug tests. As one employer stressed, one wrong move with the equipment can result in death, so there is a pressing need to ensure that employees are not under the influence—a need reemphasized by these employers’ insurers. For employers that provide health insurance, a rise in drug use can also impose an additional financial strain. The article describes a fabricating and machining company that covers health insurance for all of its 150 employees and their families. The company has paid for five dependents to go through drug treatment in the past three years, as well as a month of intensive treatment for an employee’s baby found to have been born addicted to opiates. We have touched on the impact of what has been termed the “opioid crisis” on the labor market here and here.
Oral argument in David Hylko, Jr. v. John Hemphill, et al. (6th Cir.) will take place this Thursday (July 27, 2017). Hylko (Plaintiff) appeals a lower court’s decision to dismiss his sexual harassment claim against a former co-worker (a man) and his former employer, U.S. Steel Corporation. According to Hylko, his co-worker consistently engaged in sexual conversations with him, and made inappropriate gestures and jokes. In granting defendants’ motion for summary judgement, the lower court reasoned that Hylko failed to make the required showing for a same-sex harassment claim that the harasser (1) acted out of sexual desire, (2) was motivated by general hostility to the presence of members of his or her own sex, or (3) treated men and women differently. Oncale v. Sundowner Offshore Services Inc., 523 U.S. 75 (1998). The EEOC will appear on Hylko’s behalf to argue that the list provided in Oncale is illustrative but not exhaustive.
The Washington Post reports that Three Square Market, a Wisconsin company, will offer to implant microchips into its employees starting August 1, 2017. Each employee will be given the choice to have the RFID chip implanted between her thumb and forefinger. The chips would enable participating employees to store medical information, pay for purchases, and log into their computers “all with a wave of the hand.” As the article notes, the chip does not have “GPS tracking capability … yet.”
Across the pond, some of BBC’s highest-profile female presenters signed an open letter to Tony Hall, BBC’s Director General, imploring him to address the gender pay gap between male and female presenters. BBC had previously published presenter salaries in its annual report, which revealed that the top-paid male presenter was paid more than four times what the highest-paid female presenter was paid.
Daily News & Commentary
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers