President Trump required senior white house employees to sign nondisclosure agreements in early 2017 the Washington Post reports. The agreement, which prohibits staffers from revealing confidential information and stipulates damages for breach of the agreement, is meant to extend beyond President Trump’s time in office. Per a draft of the agreement, staffers are prohibited from divulging any nonpublic information they learn over the course of their employment in any form, including works of fiction. According to the author, no other president has required staffers to sign a far-reaching confidentiality agreement. The author argues that the NDA is not merely excessive, but unconstitutional. The nondisclosure agreement may infringe on public employees’ First Amendment rights.
The $1.3 trillion spending bill Congress is considering this week may include a provision exempting Minor League Baseball players from federal labor laws. Over the past two years, Major League Baseball has been lobbying to preempt lawsuits by minor league players alleging that they have been underpaid. MLB has claimed exemptions for seasonal employees and apprenticeships, which allows them to pay some players below what is required by federal minimum wage and overtime standards. The MLB has increasingly faced legal challenges over its exemption practices. As a result, it has spent significant time lobbying for a written exemption. According to the president of Minor League Baseball, litigation challenging exemptions threatens the sustainability of minor league clubs. The lobbying push follows a failed attempt to pass the Save America’s Pastime Act in 2016, which would have created an exemption for minor league players.
Two Chicago police officers have filed separate lawsuits against the city of Chicago alleging sex discrimination. In the first suit, Lt. Allison Schloss alleged that she was harassed by her boss and eventually demoted. Lt. Schloss was appointed the commander of a unit that included very few female officers. Upon Schloss’ appointment, the suit alleges that her supervisor resented the fact that a woman was commander, and harassed her over the next two years. The harassing behavior included purposefully assigning her busy work, denying her additional training opportunities, and overriding her decisions. The harassment culminated in Schloss’ demotion and eventual transfer to a different unit. In a subsequent suit, Officer Maureen Bresnahan alleged that she was passed over for a promotion because she is a woman. After interviewing and completing a series of aptitude tests, Bresnahan was denied a promotion, while two male officers with the same scores were promoted. The law suit claims that there is systemic discrimination against women seeking promotions in the Special Functions Division, the same division in which Lt. Schloss worked. The suit could change how positions are filled in the Special Functions Division.
Ola, a popular Indian ride-hailing company, has expanded to Australia. The move is a test of Indian start-ups’ viability abroad. Until now, Uber has had no significant competition in Australia. Drivers have noted that they are eager for Uber to have some viable competition in the hope that Uber will be forced to adopt more driver-friendly policies. The competition may also have benefits for Uber. Under Australia’s stringent labor laws, Uber may be required to treat drivers as employees and, as a result, provide them with a host of benefits. Uber has already faced legal challenges over the classification of Australian drivers. If drivers also drive for other services, it may be easier for Uber to argue that the drivers do not qualify as employees in future litigation. Ola is trying to attract drivers by taking a smaller percentage of fares.
Daily News & Commentary
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July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.