Melissa Greenberg is a student at Harvard Law School.
With fewer than two weeks remaining until the election, The Wall Street Journal reported political tensions have been heating up at work. A Society for Human Resources and Management survey found that more than half of human resources personnel are reporting more political discord at work in this election cycle than in the past. As a result, employers have noted decreased productivity, but many have been reluctant to ban political conversations in the workplace, especially in light of the National Labor Relations Act’s prohibition on employers banning employee speech on issues such as wages and working conditions. Read more here.
The Upshot published an explainer in the wake of the Obama Administration’s announcement that the cost of some health plans would increase. The price of premiums for midlevel plans are estimated to rise by 22 percent in 2017. However, these price increases will only affect those who purchase their own insurance. Americans who receive health care coverage through their employer or government programs, such as Medicare or Medicaid, will not be affected by these rate increases.
Yesterday, the Fourth Circuit heard Donald Blankenship’s appeal from his conviction to conspire to violate mine safety standards. Blankenship is the former CEO of Massey Energy Company. Massey operated the Upper Big Branch Mine where a coal dust explosion in 2010 killed 29 people in the largest mining disaster in 40 years. Blankenship is believed to be the first head of a major U.S. firm prosecuted for safety violations following a workplace disaster. Blankenship has termed himself an “American political prisoner” in a pamphlet he authored while incarcerated. One of the issues Blankenship has raised on appeal is whether the District Court incorrectly instructed the jury on the willfulness standard such that he could be convicted without proof that he understood his conduct to be illegal. Read more here.
Also in federal court yesterday, a district court in Alabama heard arguments on a motion to dismiss a lawsuit challenging an Alabama law preempting Birmingham’s minimum wage increase to $10.10. Alabama has no state minimum wage. Plaintiffs in the case, who include civil rights groups, two restaurant workers, and community clergy, have alleged that the law is a violation of the Fourteenth Amendment’s equal protection clause and the Voting Rights Act. Only Birmingham, a majority black city, was affected by HB 174, the state law preventing the city ordinance from taking effect. The complaint charges that the Alabama law was motivated by “racial animus.” Read more here.
Daily News & Commentary
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July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching