workplace – Overlawyered

Labor and employment roundup

Walter Olson — Fri, 28 Feb 2020 10:59:18 +0000

Politically effective or not, Sen. Elizabeth Warren’s debate attack on Mike Bloomberg over non-disclosure agreements (NDAs) was simplistic, and that’s putting it diplomatically [Robin Shea]
West Coast longshore union braces for bankruptcy [Richard Read, Los Angeles Times]
An issue to watch carefully: most Democratic White House contenders support labor law changes to introduce “sectoral bargaining,” which ropes employers into all-for-one industry-wide negotiations like it or not [Sharon Block and Benjamin Sachs, On Labor, approving of this idea]
“Arbitration in the MeToo Era,” Federalist Society panel discussion with Paul Clement, Alexander Colvin, Deepak Gupta, Andrew Pincus, moderated by Hon. Joan Larsen;
Chilling effect: employers fear being hit with unfair labor practices claims if they say things that 1) are true and 2) would be helpful for workers to know [Cato Daily Podcast with Ken Girardin and Caleb Brown]
“Chipotle Wants Sick Employees to Verify with a Nurse. This is a Very Pro-Employee Move.” [Suzanne Lucas, Inc.]

Tags: arbitration, Elizabeth Warren, labor unions, Michael Bloomberg, restaurants, workplace

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Labor and employment roundup

Walter Olson — Fri, 17 Jan 2020 11:01:21 +0000

More on presidential candidate Bernie Sanders’ big plans to regulate employment [Cato Daily Podcast with Ryan Bourne and Caleb Brown, related earlier]
It’s not just the joint employer rules, NLRB is rolling back Obama-era decisions in many other areas too: union elections, including “quickie” procedures [Laura I. Bernstein, Felhaber Larson]; confidentiality in workplace investigations and use of company email systems [Jon Hyman]
California Agricultural Labor Relations Board adopts a regulation entitling union organizers to enter farms whether owners approve or no. When such a mass incursion, with bullhorns, disrupts farm operations, has a taking of property occurred? Ninth Circuit says no [Pacific Legal Foundation; Metropolitan News-Enterprise; Federalist Society podcast with Wen Fa and Bethany Berger]
Study based on tax data finds typical member of top-earning 1% “derives most of his or her income from human capital, not financial capital” [David Henderson] Or on the other hand: “The [analytic] attempt to divide all income between labor and capital is a fool’s errand.” [Arnold Kling]
“Both the financial market crash and the aging of America’s industrial workforce are real phenomena. They did not, however, cause the multiemployer pension crisis.” [Charles Blahous, Economics21; more by Blahous here, here, and here; earlier]
Supervisor’s remarks critical of exercising FMLA leave options keep nurse’s lawsuit alive despite clients’ complaints about her behavior while visiting their homes [Ronald Tang, SHRM]

Tags: agriculture and farming, Bernie Sanders, California, National Labor Relations Board, workplace

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

She secretly taped her co-workers. Can’t she keep that under the rug?

Walter Olson — Sun, 25 Aug 2019 16:01:54 +0000

Discrimination plaintiff finds “that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers.” So she asks the court to seal the case record. Nope: “strong presumption in favor of public access” not overcome [Eugene Volokh on Gilliard v. McWilliams, federal court in D.C.]

Tags: Google, lawyering vs. privacy, workplace

She secretly taped her co-workers. Can’t she keep that under the rug? is a post from Overlawyered - Chronicling the high cost of our legal system

Higher education roundup

Walter Olson — Fri, 22 Feb 2019 10:56:05 +0000

The less you know: new push to “de-bias” faculty recruiting by removing CVs and interviews from the process [John Morgan, Times Higher Ed/Inside Higher Ed on developments in Britain]
“You Can’t Make This Up: A Speech Code that Investigates Students for Discussing the Freedom of Speech” [University of South Carolina: Ilya Shapiro and Patrick Moran on Cato certiorari brief in Abbott v. Pastides]
“Sokal Squared” hoax runs into IRB (human subjects review) issues at Portland State, and it’s more complicated than you might think [Jesse Singal, New York]
“A Liberal Case for DeVos’s Reforms” [Lara Bazelon, New York Times] After initial resistance, ACLU moving to acknowledge merit of some objections to Obama-era Title IX procedure [Conor Friedersdorf, The Atlantic] Attorneys general from 18 states plus D.C. sign letter arguing against presumption of innocence for students accused under Title IX [same]
“Anti-Koch group tries to get hummus banned from university in BDS effort” [Zachary Petrizzo, The College Fix]
Monopoly bargaining privileges for faculty: vindication and hope after Janus [Charles Baird, Martin Center]

Tags: colleges and universities, Israel, Title IX, workplace

Higher education roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Bans on Independent-Contractor Status Hurt Workers (Again)

Walter Olson — Tue, 29 Jan 2019 10:58:26 +0000

In April of last year the California Supreme Court ruled that a large class of service workers historically categorized as independent contractors, those who are under contract with a host enterprise that performs the same kind of service they do, have to be treated as employees and brought under the full range of employment laws. Some labor advocates cheered, but many California workers did not. “I lost my entire staff,” said owner Anthony Giannotti of downtown Sacramento’s Bottle and Barlow barber shop. All seven of his barbers quit, he said. The ruling is expected to disrupt the marketplace for cosmetologists and tattoo artists, yoga and Pilates instructors, and even FedEx delivery personnel. [Angela Greenwood, CBS Sacramento in September]

Tags: California, freedom of contract, workplace

Bans on Independent-Contractor Status Hurt Workers (Again) is a post from Overlawyered - Chronicling the high cost of our legal system

Discrimination law roundup

Walter Olson — Mon, 28 Jan 2019 10:59:38 +0000

New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law]
“The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call]
Even they can’t comply: “The case was ironic since the commission is charged with eliminating discrimination in Pennsylvania.” [Matt Miller, PennLive, on the Pennsylvania Human Relations Commission’s jury loss in a race discrimination complaint] “Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination” [Jon Hyman]
Fourth Circuit: maybe Title VII doesn’t create a right to swipe files from HR [Jon Hyman]
Although libertarians support legalizing marijuana, they should not support laws that bar employers from discriminating on the basis of marijuana use [Jeffrey Miron, Cato]
“Why do women earn less than men? Evidence from train and bus operators” [Valentin Bolotnyy and Natalia Emanuel via Tyler Cowen]
Minnesota jury orders women’s football team and league to pay $20,000 to transgender applicant turned away [Mary Lynn Smith, Minneapolis Star Tribune]

Tags: discrimination law, do as we say, EEOC, illegal drugs, music and musicians, sex discrimination, sports, transgender, workplace

Discrimination law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Employment discrimination law roundup

Walter Olson — Mon, 19 Nov 2018 11:02:55 +0000

Employee with (per Costco) history of “serious misconduct and insubordination” wins $750K after being fired for speaking at too loud a volume, the result she said of deafness-related difficulty in modulating her voice [Jon Hyman]
“Now What? Disciplining an Employee with a Suspected Addiction or Substance Abuse Issue” [Dale Deitchler and Jeffrey Dilger, Littler]
ADA: “6th Circuit says full-time work is not an essential function of every full-time job” [Jon Hyman] “So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.” [Eric B. Meyer]
“Our group member has a fragrance sensitivity – and we’re supposed to be hugged to check for any scents” [Alison Green, Ask a Manager via Hyman]
“Is the sexual harassment “groundswell” starting?” [Robin Shea, Constangy; state agency volume] “Bracing For The Deluge Of EEOC Lawsuits” [Gerald Maatman, Seyfarth Shaw; EEOC filings rise]
“Why Doesn’t Diversity Training Work?” [Frank Dobbin and Alexandra Kalev, Anthropology Now; related, Amy Alkon (counterproductive “privilege checking”)]
Arbitrator orders Oregon town of West Linn to pay $100,000+ to cop fired after incendiary, racially charged Facebook posts [Everton Bailey Jr., Oregonian]

Tags: disabled rights, discrimination law, harassment law, police unions, workplace

Employment discrimination law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Speaking in Kansas next week

Walter Olson — Fri, 26 Oct 2018 12:52:48 +0000

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!

Tags: Kansas, live in person, workplace

Speaking in Kansas next week is a post from Overlawyered - Chronicling the high cost of our legal system

Labor and employment roundup

Walter Olson — Fri, 21 Sep 2018 10:21:51 +0000

Are public subsidies to low-earning employees a subsidy to their employers, as Sen. Bernie Sanders claims? [Cato Daily Podcast with Ryan Bourne and Caleb Brown; Bourne in USA Today and National Review]
“To Speak or Not to Speak, That Is Your Right: Janus v. AFSCME” [David F. Forte, Cato Supreme Court Review] From two critics of decision: “What Janus Got Right — and Wrong” [Will Baude and Eugene Volokh] “More on Suits against Unions for Janus Violations” [Will Baude] Earlier here, here, etc.
On sexual harassment, social mores have changed; biology hasn’t [Suzanne Lucas, Law and Liberty]
California’s criminal code is honeycombed with special exemptions for conduct carried on as part of labor activity [Edmund Pine, California Policy Center last year] Or at least make sure federal law does not provide it an artificial shield: “Congress Should Ban Union Violence” [Emily Top, Economics21; David Kendrick, Cato 1998]
“Verizon employee leaves work early, prompting months long investigation, during which employees offered conflicting accounts of whether the employee’s departure was authorized. NLRB: All of which was a pretext to fire a union-supporting employee. D.C. Circuit: Nope. Companies can fire employees for being dishonest, and that’s all that happened here.” [John Kenneth Ross, IJ “Short Circuit” on Cellco Partnership v. NLRB]
“Workers affect worker safety too” [David Henderson]

Tags: California, harassment law, labor unions, workplace

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Elizabeth Warren’s proposals on business organization

Walter Olson — Thu, 13 Sep 2018 10:02:19 +0000

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.

Tags: corporate governance, Elizabeth Warren, on TV and radio, Securities and Exchange Commission, workplace

Elizabeth Warren’s proposals on business organization is a post from Overlawyered - Chronicling the high cost of our legal system