- “Photos of Your Meal Could be Copyright Infringement in Germany” [Petapixel]
- National Labor Relations Board opts to dodge a fight with college football [Daniel Fisher, Forbes]
- Governor’s commission charged with recommending new redistricting system in Maryland includes possibly recognizable name [Washington Post, Southern Maryland Newspapers; thanks to Jen Fifield for nice profile at Frederick News-Post]
- Trial bar’s assault on arbitration falls short: California Supreme Court won’t overturn auto dealers’ standard arbitration clause [Cal Biz Lit]
- Ontario lawyer on trial after prosecutors say sting operation revealed willingness to draft false refugee application [Windsor Star, more]
- “Vaping shops say FDA regulation could put them out of business” [L.A. Times, The Hill] Meanwhile: “e-cigarettes safer than smoking, says Public Health England” [Guardian]
- I was honored to be a panelist last month in NYC at the 15th annual Michael R. Diehl Civil Rights Forum, sponsored by the law firm of Fried, Frank, alongside Prof. Marci Hamilton (Cardozo) and Rose Saxe (ACLU) discussing the intersection of religious accommodation and gay rights [Fried, Frank] Also related to that very current topic, the Southern California Law Review has a symposium on “Religious Accommodation in the Age of Civil Rights” [Paul Horwitz, PrawfsBlawg]
Posts Tagged ‘National Labor Relations Board’
Here comes a NLRB move to unionize temps
The ever-busy-these-days National Labor Relations Board “invited interested parties to submit amicus briefs in Miller & Anderson, Inc. in connection with the Board’s reexamination of critical issues affecting the ability of unions to organize employees employed by temporary and staffing agencies (‘temporary employees’) in the same bargaining units as employees of an employer that supplements its direct workforce with temporary employees.” [Steven Swirsky/Epstein Becker & Green, Marc Jacobs/Seyfarth Shaw]
Labor roundup
- “6 charts that debunk the ‘gig’ economy” [R.J. Lehmann, R Street Institute]
- DOL memo: as far as we’re concerned most of those independent contractors you’re paying are actually employees, see you in court [Shar Bahmani, Squire Patton Boggs; Daniel Schwartz] “Is Your Company On The Independent Contractor Hit List?” [Richard Reibstein, Forbes]
- One big if unstated aim of Obama overtime regs: with more people punching clocks at work, there’ll be fewer with the politically unproductive “management mentality” of salaried types [earlier; related, Coyote]
- Comply with DoL’s new mandate for government contractors to disclose labor law violations, and walk right into a defamation suit [Jason Carey and Brandon Myers, Covington & Burling] “House GOP leaders call for withdrawal of ‘blacklisting rule'” [The Hill]
- Some unionists rally behind Philly ironworkers boss convicted in huge arson/extortion scheme [Philadelphia Daily News, more, earlier]
- SEIU pushing California bill to tie franchisors’ hands in dealings with franchisees, and no its goal isn’t to help the franchisees [Labor Pains]
- “Is the NLRB Planning an End Run Around the State Right to Work Laws?” [Irving Geslewitz, Much Shelist]
Labor roundup
- As intended: union win rate rises sharply under new ambush election rule [Adam Abrahms/Epstein Becker Green, Tim McConville/National Law Review, earlier] Effect on management’s rights of speech [W$J]
- Transparency in public labor agreements is partisan issue in Pennsylvania [Charles Thompson, Harrisburg Patriot-News]
- California agricultural labor board is anything but neutral on United Farm Workers [Katy Grimes, Flash Report via Daily Caller]
- On fast food unionization, it’s just Department of Labor and SEIU, sitting in a tree [Labor Union Report; related, Josh Eidelson/Business Week]
- GOP funding riders would block “activist” NLRB from enforcing slew of new rules [The Hill]
- Depoliticizing the NLRB through administrative steps [Samuel Estreicher, Emory Law Journal via Workplace Prof]
- “In a World Where Talking to Yourself May Now Qualify as ‘Concerted’ Activity…” [Alison Loomis, Seyfarth Shaw]
Franchises fear “devastating” change to their business model
If the National Labor Relations Board (NLRB) succeeds in its aim of holding franchisors legally liable for labor law violations by franchisees, it’s likely to upend the terms on which small and fledgling operators gain access to marketplace opportunities through franchising [Lydia DePillis, Washington Post]
Labor and employment roundup
- NLRB to brass: please don’t sell workplace data to telemarketers or use it to “harass” or “rob” employees [Joe Perticone, IJ Review]
- “Direct evidence must … wait for it … exist to matter in a discrimination case” [Jon Hyman on Butler v. Lubrizol, Ohio Court of Appeals]
- “Cries of ‘blacklisting’ as administration cracks down on contractors” [Lydia Wheeler/The Hill, Connor Wolf/Daily Caller, Public Citizen (supportive; proposals also attack pre-dispute arbitration), earlier here and here]
- Fast food: “The fix is in on Cuomo’s wage-fixing panel” [Ashley Pratte, Washington Examiner; Diana Furchtgott-Roth, Economics 21]
- Another perspective on working in a nail salon [Tyler Cowen, earlier pushback on New York Times investigation]
- Annals of “wage theft”: hired Ferguson protesters say they’ve been stiffed out of pay promised by ACORN successor [American Thinker]
- “Can [an Employer] Lawfully Prohibit Secret Recordings in the Workplace?” [Jarad Lucan, Connecticut School Law]
Labor and employment roundup
- NLRB ruling: calling one’s boss “nasty m___f___” can be protected labor advocacy for which dismissal is unlawful [Pier Sixty LLC; Michael Schmidt, Cozen O’Connor, Jon Hyman]
- “Declining Desire to Work and Downward Trends in Unemployment and Participation” [Tyler Cowen]
- Public sector union negotiations need sunlight [Trey Kovacs, Workplace Choice]
- “Is Non-Pregnancy a BFOQ [Bona Fide Occupational Qualification] for Exotic Dancers?” [Philip K. Miles III, Lawffice Space]
- “EEOC Issues Long-Awaited Wellness Program Rules” [Daniel Schwartz]
- Following New York Times investigation, Gov. Andrew Cuomo cracks down on employment at nail salons, and that will hurt immigrant workers [Alex Nowrasteh, New York Post; Elizabeth Nolan Brown/Reason and more, New York Times “Room for Debate”]
- President Obama keeps promoting myths about Lilly Ledbetter case [Hans Bader, CEI; Glenn Kessler, Washington Post; earlier]
Higher education roundup
- After collapse of Rolling Stone article on alleged University of Virginia gang rape, who might prevail in a libel suit against whom? [Volokh] Someone with much to answer for: UVa president Teresa Sullivan [Glenn Reynolds]
- Much-discussed Judith Shulevitz piece on campus climate [New York Times] John McWhorter challenges the White Privilege 101 curriculum [The Daily Beast]
- Ithaca College gets in the swing of the federal guidance with its own anonymous microaggression snitchline [Greg Lukianoff]
- Lawyer for University of Rochester “Demands Yik Yak Take Down Posts, Turn Over User Info” [Tim Cushing, TechDirt]
- Academic-purity group backed by Greenpeace and AFT urges activists to “expose and undermine” professors and campus research centers that work against “progressive values.” [Kim Strassel, WSJ; related earlier] (& welcome Instapundit readers)
- NLRB decision in Pacific Lutheran University case could menace private colleges by herding more faculty into unions [Charles Baird, Pope Center]
- University of Texas still covertly doing race preferences, and SCOTUS should step in, argues Cato brief [Ilya Shapiro] Related: “U. of Texas’ Chief Might Have Exposed Its Admissions Policy to New Supreme Court Challenge” [Chronicle of Higher Education] University of Texas and legislature “Just Keep Digging That Wallace Hall Hole Deeper for Themselves” [Dallas Observer]
Labor roundup
- “Hard hat dispute pits Amish miners against Labor Dept.” [The Hill]
- What, ProPublica do a tendentious, one-sided report with NPR on workers’ compensation? Can’t be the ProPublica we know [Joe Paduda, Workers Comp Insider and more, Insurance Information Institute and ProPublica response]
- “One government lawyer’s war on the franchising business” [Home Depot founder Bernie Marcus, The Hill, on NLRB’s Richard Griffin] Not even pretending any more: NLRB holds public seminar in SEIU offices [Labor Relations Institute]
- What unions stand to gain from minimum wage campaigns [Labor Pains]
- Speakers predict major damage to Los Angeles small theater scene from Actors Equity plan to end unpaid rehearsals [L.A. Times]
- Sen. Lamar Alexander (R-Tenn.) introduces bill to reverse NLRB’s “micro-unions” initiative [Sean Higgins, earlier] House holds critical hearing on ambush election rule [Diana Furchtgott-Roth, related Senate resolution] Adding a member to the NLRB might cut down on partisan swings, but why not check out more radical reform, along the lines of New Zealand’s Employment Contracts Act? [Trey Kovacs]
- Public college labor education center uses taxpayer funding to organize against proposed right to work law. You got a problem with that? [Freedom Foundation, Washington]
NLRB to help illegal workers secure visas
All by way of the higher goal of nailing more employers [Sean Higgins, Washington Examiner; more on the National Labor Relations Board]