Author Archives: afscme

Tracking PPP Loans – Search Every Company Approved for Federal Loans Over $150k

Source: Moiz Syed and Derek Willis, Pro Publica, Coronavirus Bailouts, July 7, 2020

As part of the Paycheck Protection Program, the federal government provided up to $659 billion in financial support to banks to make low-interest loans to companies and nonprofit organizations in response to the economic devastation caused by the coronavirus pandemic. Search the loans approved by lenders and disclosed by the Small Business Administration (SBA).

Labor Unions and White Democratic Partisanship

Source: David Macdonald, Political Behavior, Early View, Published: June 25, 2020
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From the abstract:
The Democratic Party’s declining support among white voters is a defining feature of contemporary American politics. Extant research has emphasized factors such as elite polarization and demographic change but has overlooked another important trend, the decades-long decline of labor union membership. This oversight is surprising, given organized labor’s long ties to the Democratic Party. I argue that the concurrent decline of union membership and white support for the Democratic Party is not coincidental, but that labor union affiliation is an important determinant of whites’ partisan allegiances. I test this using several decades of cross-sectional and panel data. I show that union-affiliated whites are more likely to identify as Democrats, a substantively significant relationship that does not appear to be driven by self-selection. Overall, these findings underscore the political consequences of union decline and help us to better understand the drivers of declining white support for the Democratic Party.

To the Victor Goes the Spoils: How the 2020 Presidential Election Could Reshape Labor and Employment Law

Source: Scott A. Budow, Employee Relations Law Journal, Vol. 46, No. 2, Autumn 2020
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From the abstract:
The 2020 presidential election has the potential to significantly upend labor and employment law. If there is a change in administration, employers should expect a sharp departure from rules issued over the past four years, particularly with respect to overtime, joint employment, and independent contractors. Employers may additionally expect renewed scrutiny of non-compete agreements. These changes may redefine the relationship between employers and workers in vast segments of the economy.

Collective Bargaining in the Aftermath of COVID-19

Source: Henry E. Farber and Nicole Mormilo, Employee Relations Law Journal, Vol. 46, No. 2, Autumn 2020
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From the abstract:
The authors identify and explore issues stemming from COVID-19 that they expect to arise during labor negotiations. Those issues include: Management rights; Economics; Employer flexibility to adjust workforce; Benefits; Employee health and safety; and Force majeure clauses.

FAQs Clarify COVID-19 Testing and Diagnosis Requirements for Employer Health Plans

Source: Timothy J. Stanton and Kristine M. Bingman, Employee Relations Law Journal, Vol. 46, No. 2, Autumn 2020
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From the abstract:
This article reviews the key subjects covered by a federal guidance exploring requirements under the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act.

Emerging From the COVID-19 Pandemic: Returning Employees and Benefits Considerations

Source: Mark E. Bokert and Alan Hahn, Employee Relations Law Journal, Vol. 46, No. 2, Autumn 2020
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From the abstract:
…This column addresses some of the key legal considerations employers should keep in mind as they review their plan documents in preparation for bringing employees back from leave or layoffs. In addition, it addresses certain areas of benefits that employers may want to reconsider post-pandemic in order to properly incentivize employees.

The Effective Use of Zero Tolerance Sexual Harassment Policies: An Interdisciplinary Assessment

Source: Mark V. Roehling, Labor Law Journal, Vol. 71, Issue No. 2, Summer 2020
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From the abstract:
The use of zero tolerance sexual harassment policies is a common employment practice that is both widely advocated and widely criticized. Advocates of zero tolerance policies describe them as a best practice that is “essential”, “the only way forward”, and something companies should be “forced to do”. On the other hand, critics of zero tolerance policies, including the EEOC Select Task Force on Harassment, characterize them as misleading efforts that are not only ineffective in preventing sexual harassment, but also potentially counterproductive.

What explains these sharply contrasting assessments? What are the key factors that should be taken into account in evaluating the conflicting assessments and making decisions regarding the adoption and implementation a zero tolerance sexual harassment policy? This article addresses these questions and is organized in four sections. Because the outwardly conflicting assessments of zero tolerance policy are due in part to different uses of the term “zero tolerance,” the first section addresses the different meanings given “zero tolerance.” The second and third sections identify and discuss the potential benefits and potential pitfalls of zero tolerance policies. The discussion in these two sections is interdisciplinary in nature, addressing the potential benefits and pitfalls from both legal and behavioral science perspectives. Drawing on the interdisciplinary assessment of the potential benefits and pitfalls, the final section provides recommendations intended to assist employers, and the lawyers and human resource professional who advise, make well-informed decisions regarding the adoption and effective implementation of zero tolerance sexual harassment policies.