The Supreme Court’s decision in NLRB v. Noel Canning yesterday affirmed the D.C. Circuit, finding that the President had exceeded his authority in 2012 when appointing three people to the National Labor Relations Board. During the 18 months that two of the three now-invalid appointees were seated, the NLRB decided 436 cases. The current board must now decide whether or not to protectively redo those rulings to shield them from challenges – if they do, the agency could be backlogged for months. At the Washington Post, Michael Fletcher has argued that “little is likely to change because those decisions are almost certain to be reaffirmed by the current board.” The Wall Street Journal reports, noting that in 2010, the labor board faced a similar decision that left nearly 600 cases in limbo. In the end, most of those cases were not brought back to the board.
Earlier this month, the International Labor Organization ratified a new treaty addressing forced labor, creating rules for governments and employers on prevention, protection and victim restitution. The efforts emerged from coordination between the AFL-CIO and organizations like the NDWA, IDWF, the National Guestworker Alliance and Human Rights Watch. Human Rights Watch reports on the proceedings, and the new Protocol of 2014 to the Forced Labour Convention, 1930 is available here.
The New York Times reports that an investigative firm – headed by a former federal prosecutor – has been hired to investigate the labor conditions surrounding New York University’s new Abu Dhabi campus. The investigations are opening after reports of wide-spread labor abuse were discovered by the Times, detailed here.
Yesterday, taxi-drivers protesting apps like Uber, Lyft and Sidecar gridlocked downtown D.C. Now, a labor lawyer from Boston has filed a class-action lawsuit in Suffolk County Superior Court, arguing that Uber improperly classifies some of its drivers as “independent contractors” rather than “employees,” shifting expenses that the company should cover onto the backs of workers. Boston Magazine describes the pending case, and the complaint can be found here.
Daily News & Commentary
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August 5
In today’s news and commentary, a pension fund wins at the Eleventh Circuit, casino unionization in Las Vegas, and DOL’s work-from-home policy changes. A pension fund for unionized retail and grocery workers won an Eleventh Circuit appeal against Perfection Bakeries, which claimed it was overcharged nearly $2 million in federal withdrawal liability. The bakery argued the […]
August 4
Trump fires head of BLS; Boeing workers authorize strike.
August 3
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.