Labor and employment roundup

  • “This One Simple Trick — Used by Colin Kaepernick — Will Make It Harder To Fire You” [Coyote] And on the topic of retaliation, Obama administration appointeees have been revising doctrine in a direction sharply unfavorable to employers both at the EEOC and at OSHA, the latter of which has legal authority to enforce the retaliation provisions of many laws like Dodd-Frank unrelated to conventional occupational hazard [Jon Hyman on EEOC and OSHA]
  • In $5 million award, Texas jury finds SEIU playbook on janitors’ campaign encouraged lawbreaking disruption of target business and its clients [Jon Cassidy and Charles Blain, WSJ]
  • Obama administration’s new blacklisting rule on labor violations gives unions a whip hand in negotiations with federal contractors, as if by design [Marc Freedman, U.S. Chamber]
  • Finally, a state appellate court pokes a hole in the bizarre California Rule under which public employers may not reduce future pension benefits even when based on work not yet performed [Dan Walters/Sacramento Bee, Scott Shackford, Reason]
  • Hearing over expanding employment-law damages in Colorado highlights shift in EEO law toward goal of money extraction [Merrily Archer]
  • Post-Friedrichs, the future of mandatory union dues in public employment [Federalist Society podcast with Scott Kronland and William Messenger] “Big Labor Tries To Eliminate Right-To-Work By Lawsuit” [George Leef]


  • Re: one simple trick.

    Hmmm. Employers do not use “simple tricks” to get around laws either. It used to be that employers would freely admit their managers were racists–because a hostile work environment was not an actionable cause. Now, employers of racist managers try to protect themselves disclaiming liability because those managers are no longer overtly racist.

    It does happen.

    The whole area of employment law is fraught with loopholes. If employers as a whole would hold themselves to higher standards, I would have empathy for Coyote’s point of view.

  • Re: one simple trick.

    ” It used to be that employers would freely admit their managers were racists…”

    Interesting. Can you cite an example?

  • Certainly. Look back to how employers treated African-Americans in Alabama in 1963, for example. (look for the story about white dock workers). That was after a 10 second google search. I am certain an 11 second search would yield more results.

    Note, this was before the Civil Rights Act.