Emily Miller is a student at Harvard Law School.
Donald Trump’s campaign has set its sights on workers throughout the rustbelt, finding that his message resonates with workers in Michigan, Ohio, Pennsylvania, and Wisconsin who are frustrated with the depressed wages and job prospects in the post-industrial cities of the region. The New York Times reports that while workers in these areas used to show strong support for Democrats, the region is becoming more conservative as union membership declines and workers find appeal in Trump’s promise to bring jobs back to the United States. Trump spoke to a group of workers at a scrap-metal plant in Pennsylvania last week, decrying fair trade agreements which he believes allowed many jobs to be shipped offshore.
The Second Circuit recently held that employers have the right to terminate employees who refuse to cooperate in internal investigations, reports JD Supra. In Gilman v. Marsh & McLennan, the court, in affirming the Southern District of New York’s decision to dismiss the terminated employee’s case, held that “refusal to obey a direct, unequivocal, reasonable order of the employer” was cause for termination, and that it was reasonable to order an employee to cooperate in such investigations. In ruling for the employer, the court rejected the plaintiffs’ argument that because the employer was working with the Attorney General on the investigation, forcing them to cooperate may violate their Fifth Amendment rights against self-incrimination, finding instead that the employer would have had good reason to investigate even absent involvement of the Attorney General.
For the first time since 1990, OSHA penalties for workplace safety violations increased 78.1% this past Friday. The increase closely tracks the inflation rate since the last adjustment and comes as a part of the Inflation Adjustment Act, part of the Bipartisan Budget Act passed in November of 2015. States will also be required to adopt the increases.
In international news, Bloomberg reported that the Congress of South African Trade Unions, or Cosatu, the largest labor group in South Africa, is warning its members to carefully balance wage increases with job security, concerned that demands for steep wage increases for its 1.9 million members may jeopardize jobs. Some member unions, however, may find it difficult to get support for more modest wage increases given controversy over executive pay and inequality. Cosatu’s concerns stem from a stagnant South African economy, which this year is expected to grow at the slowest rate since 2009. Cosatu member unions will be involved in a variety of pay negotiations this year, including those for teachers, miners, and health care workers.
Daily News & Commentary
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April 28
WA strike bill goes to governor; MLBPA discloses legal expenses; Ex-Twitter employees seek class certification against Musk.
April 27
Judge thwarts Trump's attempt to strip federal workers' labor rights; AFGE to cut over half of its staff; Harvard unions rally amid attacks.
April 24
NLRB seeks to compel Amazon to collectively bargain with San Francisco warehouse workers, DoorDash delivery workers and members of Los Deliveristas Unidos rally for pay transparency, and NLRB takes step to drop lawsuit against SpaceX over the firing of employees who criticized Elon Musk.
April 22
DOGE staffers eye NLRB for potential reorganization; attacks on federal workforce impact Trump-supporting areas; Utah governor acknowledges backlash to public-sector union ban
April 21
Bryan Johnson’s ULP saga before the NLRB continues; top law firms opt to appease the EEOC in its anti-DEI demands.
April 20
In today’s news and commentary, the Supreme Court rules for Cornell employees in an ERISA suit, the Sixth Circuit addresses whether the EFAA applies to a sexual harassment claim, and DOGE gains access to sensitive labor data on immigrants. On Thursday, the Supreme Court made it easier for employees to bring ERISA suits when their […]