Posts Tagged ‘labor unions’

High court grants cert in Harris v. Quinn

The Supreme Court yesterday granted certiorari in Harris v. Quinn, a case raising potentially major issues of federal labor law and forced political association. Via SCOTUSBlog:

Issue: (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

My colleagues at the Cato Institute filed an amicus brief seeking cert in the case. More: Will Baude.

Filed under: First Amendment, labor unions, Supreme Court

Labor and employment roundup

“Can The EEOC Troll For Plaintiffs By Sending A Blast Email To Business Email Addresses?” [Christopher DeGroff, Seyfarth Shaw Workplace Class Action Blog, on Case New Holland v. EEOC]
Just one of those things? Special holiday bonus giveaways could’ve plugged $1.9 billion of Detroit fiscal gap [Megan McArdle, Coyote] The police and fire departments that ate Motown [Coyote] Fire department expenditures have risen even in cities where fires have declined 90 percent [Tabarrok]
EEOC sues employer for failing to accommodate employee’s religious belief linking hand scanner to “Mark of the Beast” [EEOC release, West Virginia Record, Exponent-Telegram]
Claim that FDR opposed collective bargaining in public sector rated “True” [Politifact]
Worker who tore down employer poster can sue under California law banning adverse workplace treatment based on political belief [Volokh]
You’re paying through taxes for the work of the eatery-harassing Restaurant Opportunities Center [Eric Boehm/Reason, Washington Times, Diana Furchtgott-Roth/RCM]
Before the Supreme Court in Unite HERE Local 355 v. Mulhall: Does federal labor law prohibition on employer’s giving “thing of value” to union prohibit furnishing cooperation during a campaign to unionize? [SCOTUSBlog, Cato Institute amicus brief with National Federation of Independent Business, Jack Goldsmith and Benjamin Sachs at new labor blog On Labor] More: Trevor Burrus, Cato.

Filed under: Detroit, EEOC, labor unions, police unions, religious discrimination, restaurants

Labor and employment roundup

“Will banning tips prevent lawsuits? Some restaurants give it a try” [ABA Journal]
“CEOs Beware: You’re Now in the Crosshairs of a Wage and Hour Complaint Under FLSA” [Connecticut Employment Law Blog/Daniel Schwartz, who’s just switched law firms]
“Court: First Amendment protections don’t allow unions to engage in nuisance lawsuits” [Sean Higgins, D.C. Examiner]
Judge rules strippers at club are employees, not independent contractors as management claimed [NY Times]
Judge strikes down new Indiana right-to-work law, appeal to Indiana Supreme Court expected [WXIN] Court (again) upholds Wisconsin Gov. Scott Walker’s Act 10 on public sector union bargaining [Wisconsin State Journal, Milwaukee Business Journal]
1973 SCOTUS case of U.S. v. Enmons carves out convenient exception in federal extortion law for labor unions [Mark Mix; David Kendrick, Cato 1998]
“State Department Says Unionizing Its Foreign National Workers Would Threaten Security” [Government Executive]

Filed under: Indiana, labor unions, restaurants, strippers and exotic dancers, wage and hour suits, Wisconsin

Labor and employment roundup

“Is the main effect of the minimum wage on job growth?” [Tyler Cowen] Minimum wage is transitional wage; most workers who receive it will earn higher rate in the next year if they stay employed [same] “Obama’s Bogus Case for a ‘Decent Wage'”[Ira Stoll]
“Equipment manufacturer sues EEOC over email survey trolling for potential class members” [Jessica Karmasek, LNL]
Don’t mess with SEIU? “Service Employees Suit Assesses Harsh Penalties against Breakaway Reformers” [Steve Early, Labor Notes]
NLRB is fully staffed now, so watch out employers [Rod Kackley, Crain’s Detroit Business]
Major League Baseball latest to face suit over unpaid volunteer workers [ABA Journal]
Dent in lawyers’ business plan? Judge doesn’t think Michigan meatpacking workers’ $1,000 don/doff claim is adequate basis for $140,000 legal fee award [Free Press]
Workplace vagrants: many employees quit jobs regularly as garnishment catches up to them [Coyote]

Filed under: attorneys' fees, baseball, EEOC, labor unions, minimum wage, wage and hour suits

Labor and employment roundup

Following KMart settlement, new California suitable-seating class action filed against Costco [Recorder, Law360, Canela v. Costco, PDF; earlier here, etc.]
Judge enjoins Teamsters: “members had disrupted funeral of a child, harassed mourners” [Bill McMorris, Free Beacon] “How would you feel if someone you never met from a ‘worker center’ went to your boss and said he represents you?” [Diana Furchtgott-Roth, earlier here and here] More: Eric Boehm, Watchdog.org;
“Business Fears Of The New National Labor Relations Board Are Justified” [Fred Wszolek]
Layoff package much nicer if you’re at Boeing, courtesy taxpayers [Seattle Times via Amy Alkon]
“European Court of Human Rights: Religious Autonomy Trumps Right to Unionize” [Becket Fund]
“Drink and Drive. Get Fired. Collect Unemployment Benefits? Yep, Says [Connecticut Supreme] Court.” [Daniel Schwartz]
Judge strikes down NYC prevailing wage law [Bloomberg]

Filed under: California, Connecticut, labor unions, minimum wage, National Labor Relations Board, unemployment benefits

Update: HuffPo yanks its fast-food-wages piece

Yesterday I poked fun at a ridiculous piece at HuffPo (apparently written by an undergraduate who was given a byline as a university researcher) claiming that doubling wages at McDonald’s would be no big deal for its prices or business strategy. Well, hats off to HuffPo, which has now withdrawn the piece, apologized for its errors, and substituted a piece that tries to take a more sober look at the issue. I wonder whether Rep. Keith Ellison (D-Minn.), who was completely taken in by the original article, is feeling sheepish now (via Twitchy).

Filed under: labor unions, Minnesota, restaurants, U.S. House of Representatives

A whopper about fast-food wages

So McDonald’s Dollar Menu would go up only to $1.17 if the company doubled all wages? Oh, Rep. Keith Ellison (D-Minn.), you’re so gullible it’s almost cute. [Tom Maguire]

Update: Well, hats off to HuffPo, which has now withdrawn the piece, apologized for its errors, and substituted a piece that tries to take a more sober look at the issue. I wonder whether Rep. Ellison is feeling sheepish now (via Twitchy).

Filed under: labor unions, restaurants

Labor and employment roundup

“What’s Wrong with Domestic Workers’ ‘Bill(s) of Rights'” [Wendy McElroy, The Freeman; earlier here, etc.]
More on the implications of supervisory-harassment case Vance v. Ball State [Kay Steiger, The Atlantic, and thanks for mention; earlier here and here]
N.J. doesn’t allow workers under 18 near construction sites: “Labor law limits volunteer help for Sandy relief” [Asbury Park Press]
Charlotte Garden (Seattle U.) on non-labor litigation by unions [Workplace Prof; a 1999 Ohio case]
So classically L.A. Times: in wildly slanted article, reporter Alana Semuels quotes seven lawyers/lawprofs attacking workplace arbitration contracts, none in defense;
One unintended consequence of limiting unpaid internships: boosting value of pre-existing social connections [David Henderson]
“High Court to review sweetheart deals between unions, management” [Sean Higgins, DC Examiner on Supreme Court case of UNITE HERE v. Mulhall]

Filed under: labor unions, New Jersey, wage and hour suits

Schools roundup

Chilling one side of a debate? American Federation of Teachers arm-twists board members to quit groups critical of union contracts (including the Manhattan Institute, with which I used to be affiliated) [New York Post, Bloomberg, Ira Stoll]
“Third Circuit Finds Schools Aren’t Liable for Bullies” [Fed Soc Blog]
Case dismissed in Marshall University student’s suit over exceedingly undignified bottle-rocket stunt [West Virginia Record]
Free pass for harming students? Realistic policy call? Both? Courts frown on “educational malpractice” claims vs. schools, teachers [Illinois State Bar Association; Beck]
Brookings has very poor reviews for Sen. Elizabeth Warren’s student loan plan [Matthew Chingos and Beth Akers; Megan McArdle]
1,200 sign Harvard petition assailing academic freedom in Jason Richwine case [Boston Globe]
College selection of commencement speakers: political spectrum’s so skewed that even moderate GOPer Bob Zoellick’s a no-go [Bainbridge]
The Common Good online forum on risk and legal fear in schools, in which I’m a participant, continues for another day or two.

Filed under: bullying, colleges and universities, Elizabeth Warren, Harvard, labor unions, Manhattan Institute, schools

Labor and employment roundup

NLRB comes to grief again in D.C. Circuit, this time on posting rule [Fox, Adler]
Departing executive director of D.C. labor board: higher-ups pressed for discrimination against conservatives, whites [Hans von Spakovsky, Examiner]
“Dollar General: Discovery request would give client list to plaintiffs lawyers” [West Virginia Record]
Dems do themselves little credit by blocking legalization of flextime [Ramesh Ponnuru, Washington Times]
“Government Crowded Out: How Employee Compensation Costs Are Reshaping State and Local Government” [Daniel DiSalvo, Manhattan Institute]
Thanks to California Supreme Court, SEIU can tell dissenters we know where you live [DC Examiner, Legal NewsLine] Recalling a furor over member privacy and databases at another large union, UNITE HERE [Labor Union Report, “pink sheeting”]
“The fact that it took forced austerity measures for Greece to fire even *corrupt* public servants speaks volumes.” [Christian Science Monitor via @radleybalko]

Filed under: labor unions, National Labor Relations Board, public employment, wage and hour suits