Labor and employment roundup

  • Mach Mining v. EEOC: unanimous SCOTUS, Kagan writing, agrees courts can hold EEOC to legal duty of pretrial conciliation, but prescribes narrower review than employer asked, with no commission duty of good-faith negotiation [Maatman et al; earlier on case here, here, and here; earlier from me on EEOC record of frequent losses in court]
  • New “ambush election” rules: “Your Privacy Has Just Been Compromised, Thanks To Obama’s NLRB” [Labor Union Report]
  • U.K. controversy parallels ours: “Banning unpaid internships will harm, not help, the disadvantaged” [Andrew Lilico, IEA]
  • “U.S. signed agreement with Mexico to teach immigrants to unionize” [Sean Higgins, Washington Examiner]
  • Another view on bias-law “Utah compromise” [Dana Beyer, Huffington Post; my critical view]
  • Advice to employers: “OSHA is not your friend. It is not there to give you an atta-boy on workplace safety. It is there to find violations and levy fines to make money for OSHA.” [Jon Hyman]
  • “CA: Failing to Pay Prevailing Wages May Be Intentional Interference with Prospective Economic Advantage” affording competitors a cause of action [Garret Murai via TortsProf]

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