Posts Tagged ‘workplace’

Speaking in Kansas next week

I’ll be giving lunchtime talks at two law schools in Kansas next week, courtesy local chapters of the Federalist Society. On Monday I’ll visit Washburn University Law School in Topeka, where Prof. Joseph Mastrosimone will provide comment. And then on Tuesday I’ll speak at the University of Kansas School of Law in Lawrence. My topic at both campuses will be “A Libertarian Looks at Employment Law.” Come say hello!

Labor and employment roundup

Elizabeth Warren’s proposals on business organization

Schemes like a government mandate of worker representation on corporate boards (an element of German “co-determination”) are not new, and scholars have studied their track record in Europe for years. In particular, they tend not to provide robust incentives for risk-taking and dynamism; that’s aside from their interference with the contractual liberty of all parties to adopt alternative governance methods agreed to by all parties. I talk with Cato’s Caleb Brown about that and Massachusetts Senator Elizabeth Warren’s other ideas for revamping how large companies are run. Earlier here and here.

Employers may need to accommodate claims of “digital addiction”

“If forms of ‘digital addiction’ qualify as a diagnosed psychiatric disorder, then employees who suffer from it may be protected by the ADA.” Employers might then be obliged under federal law to enter the so-called interactive process to negotiate possible courses of action and accommodations with the affected employee, rather than lay down hard-and-fast rules for what sorts of conduct will result in termination. [Jon Hyman, Ohio Employer Law Blog]

Labor and employment roundup

  • Lancaster, Calif. Mayor R. Rex Parris proposes that city ban employers from requiring male employees to wear neckties [Laura Newberry, L.A. Times]
  • Reasons to settle employment-law claims: “It’s Not the Damages, It’s the Attorneys’ Fees” [Daniel Schwartz]
  • “Court Ruling Casts Constitutional Doubt on State and City Salary-Inquiry Bans” [Marc Dib, WLF; related here, here]
  • I’m quoted hailing Supreme Court ruling on workplace arbitration [Jeff John Roberts, Fortune]
  • Federal labor regulators versus local food truck operators [Ira Stoll]
  • “What is happening to French labor law?” [Tristan Bird, On Labor]

Appalling: “Supervisors move to ban workplace cafeterias”

“Two city legislators on Tuesday are expected to announce legislation banning on-site workplace cafeterias in an effort to promote and support local restaurants.” The Golden Gate Restaurant Association, embracing the role of villains in an Ayn Rand novel, are backing the measure, sponsored by San Francisco supervisors Ahsha Safai and Aaron Peskin. The bill would be prospective only, so that while the famed in-house dining options at tech headquarters like Twitter’s could continue, new corporate arrivals would not be allowed to start anything similar. [Joe Fitzgerald Rodriguez, San Francisco Examiner]

Supreme Court upholds workplace arbitration, and it’s Epic

My latest at Cato on this week’s decision upholding agreements to individually arbitrate wage and hour claims, in Epic Systems Corp. v. Lewis:

Yesterday’s 5-4 Supreme Court decision upholding agreements to individually arbitrate wage-and-hour claims was neither surprising nor novel as a legal matter. Nor – notwithstanding the variously breathless, furious, and apocalyptic reactions it has drawn from stage Left – is it objectionable as a matter of policy, or “anti-worker.” It is pro-liberty, pro-contract, and pro-respect for private ordering….

NPR, which really should know better, misreported on Twitter that “The Supreme Court in a 5-4 vote has delivered a major blow to workers, ruling for the first time that workers may not band together to challenge violations of federal labor laws,” of which the first eight words count as accurate reporting, the next half-dozen as erroneous opinion, and the remainder as merely false in fact….

…an oft-heard argument is that a contract presented as a take-it-or-leave-it matter, as is typical of employer handbook policies, credit card terms and the like, doesn’t count as a “real” contract and is entitled to no respect as a matter or law or, presumably, from libertarians. … Properly evaluating that claim is a task for another occasion, but my colleague Andrew Grossman is surely right when he points out that every hour of the day workers choose to accept overall employment packages including some terms they welcome (health insurance coverage, paid vacations) along with others they may not (some weekend hours required, don’t take staplers home) and that the lack of dickering over individual terms does not mean that they are not voluntary or have somehow been imposed by force.

Whole thing here. As I wrote after Italian Colors, millions of people “sign away their class action rights not because they are all hoodwinked or coerced, but because at some level they have rational grounds to recognize that” those rights are mostly of value to the class action industry.

Speaking of Italian Colors, the outcome in Epic Systems would surely have been no different had Scalia lived, since he led the way on the Court toward respecting contractual arbitration clauses and upholding the broad scope of the Federal Arbitration Act. More from Archis Parasharami and Dan Jones at SCOTUSBlog: “The best available empirical evidence shows that employees who arbitrate their claims are more likely to prevail than those who go to court, and to obtain awards that are the same as or larger than court awards in a shorter amount of time.” More: James Copland.

Labor and employment roundup

UK judge: violist can pursue hearing-loss claim over loud Wagner rendition

Noting that Britain’s 2006 Noise at Work Regulations “recognize no distinction as between a factory and an opera house,” a British judge has approved the claim of a violist for the Royal Opera House Covent Garden who says he suffered hearing loss from the loudness of the close-by brass section during a rehearsal of Die Walküre, part of Wagner’s Ring Cycle. Damages are yet to be determined; he is seeking £750,000. [Mark Savage, BBC] The opera house argued that it had gone as far as a reasonable employer to reduce the risks of loudness, including issuing ear protection which he was using, and that his condition “had in fact been the result of his coincidentally developing Meniere’s disease at around the same time.” [Damien Gayle, Guardian] Earlier on the United Kingdom regulations on sound in the workplace here (police dogs’ barking, with links to many other posts), etc., and related here and here on European orchestra noise regs.

Family leave pay, borrowed from future Social Security benefits?

With a political push still under way for costly mandates on employers to provide paid family leave, there is interest in proposals for family leave based on borrowing from future Social Security benefits. Under a plan proposed by Kristin Shapiro of the Independent Women’s Forum, “new parents would agree to defer their collection of Social Security benefits upon retirement for the period of time necessary to offset the cost of their parental benefits.” Some critical commentary on the idea: Vanessa Brown Calder And Chris Edwards, Cato. A more favorable view: Ramesh Ponnuru.