Ross Evans is a student at Harvard Law School and a member of the Labor and Employment Lab.
Yesterday, the National Labor Relations Board (NLRB) proposed a new rule that would narrow its joint-employer test, which would likely benefit franchisees, staffing companies, and business that utilize subcontractors–while significantly limiting such entities’ employees’ ability to collectively bargain. OnLabor senior contributor Andrew Strom criticized this development, writing that the proposed rule “only enhances ‘predictability’ in that it is predictable that it will be easier for corporate titans to avoid a joint employer funding.” Fellow OnLabor senior contributor Sharon Block also opined, characterizing the proposal as “the latest step in the Trump Board’s tortuous path to achieving its goal of replacing the Obama Board’s Browning Ferris Industries decision with a significantly narrower interpretation of joint employer doctrine.” As The Associated Press notes via The New York Times, this proposed rule cannot be implemented until it has undergone a public-comment period; to find and/or comment on the proposed rule, one can visit www.regulations.gov.
The New York Times details how a number of female Democrats that are running for public office in Michigan in the 2018 midterm–from gubernatorial candidate Gretchen Whitmer to state legislature candidate Michelle Lavoy–have focused much of their campaigns on swinging organized labor’s support back to the Democratic Party.
According to The Wall Street Journal, the United States’ historically tight labor market could benefit those who are interested in obtaining part-time employment during the holiday season. Indeed, many retail companies “have begun their annual push for holiday workers earlier than ever, raising pay and offering perks such as profit-sharing and paid time off for part-time associates.”
The World Economic Forum in Davos, Switzerland estimates that the percentage of workplace tasks that are automated will increase to 52% by 2025, a significant increase from the 29% of workplace tasks that are automated today. However, the same estimates indicate that this won’t necessarily be a net-negative development for the global job market: by just 2022, “roughly 75 million jobs worldwide will be lost [due to automation], but that could be more than offset by the creation of 133 million new jobs.”
In an opinion piece published yesterday, The Wall Street Journal‘s Editorial Board criticized unions and state politicians for “circumventing” the Supreme Court’s decision in Janus v. AFCME. More specifically, the piece contends that organized labor is “still behaving as if [Janus] is merely advisory,” and that “[s]tate politicians are abetting this blatant political resistance to the Supreme Court,” amounting to “lawless behavior that robs workers of money and their First Amendment right[s].”
Daily News & Commentary
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May 13
In today’s News and Commentary, Trump appeals a court-ordered pause on mass layoffs, the Tenth Circuit sidesteps a ruling on the Board’s remedial powers, and an industry group targets Biden-era NLRB decisions. The Trump administration is asking the US Court of Appeals for the Ninth Circuit to pause a temporary order blocking the administration from continuing […]
May 12
NJ Transit engineers threaten strike; a court halts Trump's firings; and the pope voices support for workers.
May 9
Philadelphia City Council unanimously passes the POWER Act; thousands of federal worker layoffs at the Department of Interior expected; the University of Oregon student workers union reach a tentative agreement, ending 10-day strike
May 8
Court upholds DOL farmworker protections; Fifth Circuit rejects Amazon appeal; NJTransit navigates negotiations and potential strike.
May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.