Category Archives: Labor Laws/Legislation

Southern Cities Are Passing Paid Sick Leave—But Republicans Won’t Let Them Have It

Source: Bryce Covert, In These Times blog, August 24, 2018

…. It’s a growing trend in legislatures controlled by Republicans. At least 25 states have passed preemption laws that block cities from raising the minimum wage, and 20 have banned cities from instituting paid sick leave. The majority of these laws have been enacted since 2013 and advocates for higher workplace standards say the trend is only accelerating. ….

2018 Supreme Court Commentary: Employment Law

Source: Jonathan Ross Harkavy – Patterson Harkavy LLP, Date Written: July 31, 2018

From the abstract:
This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2017 Term that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the decisions and on regulation of the employment relationship. The article also summarizes briefly the grants of certiorari in employment-related cases for the October 2018 Term.

States Ask Supreme Court to Limit LGBT Protection

Source: Chris Opfer, Bloomberg, August, 24, 2018

– Case tests reach of ban on sex discrimination in workplace
– Trump administration agencies divided over legal question

A group of 16 states urged the U.S. Supreme Court Aug. 23 to rule that companies can fire workers based on their sexual orientation and gender identity without violating federal workplace discrimination law.

The states, led by Nebraska Attorney General David Bydalek, asked the justices to overturn an appeals court decision against a Michigan funeral home that fired a transgender worker. They said Congress didn’t intend the ban on sex discrimination in Title VII of the 1964 Civil Rights Act to cover bias against lesbian, gay, bisexual, or transgender employees….

The Spread of Anti-Union Business Coordination: Evidence from the Open-Shop Movement in the U.S. Interwar Period

Source: Alexander Kuo, Studies in American Political Development, Volume 32 Issue 1, April 2018
(subscription required)

From the abstract:
What explains the development of repressive employer coordination? Classic historical American business and labor literature focuses on institutions of labor repression and employer associations, but little systematic examination of such associations exists, particularly during the interwar period. Similarly, recent political science literature on the origins of industrial institutions underemphasizes the importance of repressive employer associations. I use new quantitative subnational evidence from the U.S. interwar period, with data from the open-shop movement in the United States at the local level after World War I. I test a variety of families of hypotheses regarding variation in repressive employer coordination, with specific data measuring the threat posed by organized labor. I find that such threats posed by unions are correlated to repressive employer associations. The results have implications for understanding local-level variation in the business repression of labor movements in the early twentieth century and contribute to our understanding of labor repressive institutions and the incentives of firms to collectively act.

Union lobbies Congress to mandate an eight-hour workday, Aug. 20, 1866

Source: Andrew Glass, Politico, August 20, 2018

On this day in 1866, the newly organized National Labor Union called on Congress to mandate an eight-hour workday. The coalition of skilled and unskilled workers, farmers and reformers pressured Congress to enact labor reforms. It dissolved in 1873 following an ill-advised venture into third-party politics in the 1872 presidential election.

Although the NLU failed to persuade Congress to shorten the workday, its efforts heightened public awareness of labor issues and increased public support for labor reform in the 1870s and 1880s.

The Knights of Labor, a powerful advocate for the eight-hour day in the 1870s and early 1880s, proved more effective. By 1886, the Knights counted 700,000 laborers, shopkeepers and farmers among its members. Under the leadership of Terrence V. Powderly, the union discouraged strikes and advocated restructuring society along cooperative lines…..

How to Undo Janus: A User-Friendly Guide

Source: Aaron Tang, University of California, Davis – School of Law, Date Written: June 27, 2018

From the abstract:
This short white paper explains how progressive states can undo the disruptive effect of the Supreme Court’s decision invalidating public union fair share fees in Janus v. AFSCME, Council 31.

Put succinctly, lawmakers can amend state law to permit government employers to reimburse unions for their bargaining-related expenses directly. Such an amendment would be revenue neutral for government employers and unions, and it would result in a net increase in take home pay for public sector workers (on the order of $200 per year for an unmarried worker making $50,000).

The paper describes how this approach would work, considers major objections, and proposes model legislation for lawmakers to consider. A more detailed discussion of all of the issues implicated by this proposal can be found in a full-length companion article entitled, Life After Janus.

Viewpoint: How to Talk with Nonunion Workers about ‘Right to Work’

Source: Shannon Duffy, Labor Notes, August 7, 2018

Two questions, three doors: thoughts in the closing days of the campaign to defeat “right to work.”

There’s been a lot of talk about the value of unions online and on doors this election season, and I’d like to address two questions that continue to be voiced.

The first question is why nonunion workers should vote to defeat right to work. Whenever it is raised, I often hear what is called the fair share argument. That’s the explanation where union defenders say, “What if you joined a country club or a homeowners association and you refused to pay their dues? How successful do you think you’d be trying to pull something like that? And can you honestly state that someone should have the right to do that?”

Let’s forget for a moment that it’s not a good idea to equate being in a union to being in a country club (it doesn’t exactly push back against that elitist tag that they always try to pin on us) or that substituting “homeowners association” for “country club” when talking to people on the lower end of the socioeconomic ladder isn’t really any better. No matter how you slice it, it’s still those of us who have lecturing those who don’t have about why the system shouldn’t be changed, and that’s not exactly a winning strategy.

Now, I sure don’t want to knock anyone’s hard work—and if that argument is working for you on the doors, then God bless you, and keep doing what’s working. But it seems to me that we often miss opportunities to discuss how we can challenge existing power structures and create meaningful change. So indulge me for a moment….

Related:

Missouri Voters Overwhelmingly Reject ‘Right to Work’
Source: Chris Brooks, Alexandra Bradbury, Labor Notes, August 8, 2018

Unions in Missouri are declaring victory after voters shot down a Republican-backed “right-to-work” law by a hefty 2 to 1.

The final vote count was 937,241 against the legislation to 452,075 in favor. Missouri became the 28th state with a right-to-work law on the books in February 2017, when Republican Governor Eric Greitens signed the law at a ceremony in an abandoned factory.

In response, thousands of union members hit the streets to gather enough signatures to trigger a referendum vote that could repeal the law. Over the course of six months, activists gathered 310,567 signatures—more than three times the number needed. Right to work was put on hold until voters could decide….

A Roadmap to Rebuilding Worker Power

Source: David Rolf, The Century Foundation, August 8, 2018

What You Should Know:
– Organized labor is in decline. Today, only 6 percent of private-sector workers are represented by a union, compared to 33 percent in the 1950s.

– Yet, despite this trend, and recent setbacks in rulings by the U.S. Supreme Court and the National Labor Review Board, polls show that public support for unions is at its highest level in many years—around 60 percent.

– Young people are especially enthusiastic about the need for unions. Among adults under age 30, unions’ approval rating is an eye-popping 76 percent.

– With automation, robotics, and artificial intelligence shaping the future of work—and an increasing number of occupations becoming unmoored from the confines of current labor laws—there are growing calls to rewrite those laws for the twenty-first century.

– A strong and future-focused labor movement has the opportunity to reshape structural power dynamics for working Americans in a way not seen since the 1935 passage of the National Labor Relations Act (NLRA).