This week the National Employment Law Project released a report detailing how gig companies like Uber and Handy have led a state-by-state lobbying effort with corporate partners to strip gig workers of the legal protections afforded to employees. The report explains that in 2018 alone, the companies’ coordinated campaign resulted in the introduction of bills in eleven states and the passage of bills in six states that exempt gig companies from basic employment standards such as unemployment insurance and wage-and-hour laws. The effort to carve gig companies out of these laws comes on the heels of an earlier, narrower effort to exempt only transportation network companies and foreshadows broader exemption campaigns to come. The gig companies, for their part, say that they need to be exempted from the laws requiring them to provide benefits to workers so that they can provide benefits to workers.
On Tuesday McDonald’s announced that it would drop its longstanding lobbying efforts against minimum wage hikes across the country. In a letter to the National Restaurant Association, an industry group, the company said it would neither engage in its own advocacy to defeat wage increases nor participate in industry-wide lobbying toward that goal. The letter expressed the company’s position that any increases should be gradual and apply uniformly across industries. In a major about-face, the company stated that “[t]he conversation about wages is an important one; it’s one we wish to advance, not impede.”
President Trump plans to nominate Catherine Bird, currently the Principal Deputy Assistant Secretary for Administration at the Department of Health and Human Services, to be the next General Counsel of the Federal Labor Relations Authority (FLRA). At the FLRA, Bird would lead the prosecution of unfair labor practice charges against federal government workers, unions, and agency employers. Bloomberg Law reports that the union representing government employees at Health and Human Services claims Bird played a role in alleged unfair labor practices committed by the department when it imposed unilateral changes on workers last year.
Meanwhile, Gordon Hartogensis, the President’s nominee to direct the Pension Benefit Guaranty Corporation, earned the approval of the Senate Finance Committee by a 26-2 vote. His nomination now moves to the Senate HELP Committee, where Senator Patty Murray, the ranking Democrat, has vowed to stall the approval of Republican labor appointees until Democratic appointees are approved for the EEOC and NLRB. Hartogensis is Senator Mitch McConnell’s brother-in-law.
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January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.
January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.