Skip to main content

What I’ve Been Reading This Week


Some readers might recall a prior attempt by Northwestern football players to unionize several years ago.  While that effort was struck down by the National Labor Relations Board, the matter has been simmering since that time.  As the below article from Sports Illustrated notes, things have taken a sudden change in recent weeks following an announcement that an advocacy group on behalf of college athletes had failed an unfair labor practice charge that the National Labor Relations Board is moving forward with, to the dismay of many.

As always, below are a couple articles that caught my eye this week.


OSHA Notes Several Violations at Amazon Warehouses

Recently, the Occupational Safety and Health Administration (“OSHA”) had found several violations at six Amazon warehouses, noting a failure to properly record workplace injuries.  These violations came about following inspections earlier this year at several of the warehouses.  Now for those hoping/expecting severe penalties coming Amazon’s way…I have some bad news for you.  It appears Amazon will be on the hook for a whopping $30,000.00 or so in fines.


Are College Athletes Employees? The NLRB Sure Seems to Think So

Earlier this month, the National Labor Relations Board’s Los Angeles Region plans to proceed ahead with unfair labor practice charges against the University of South California, the PAC-12, and the NCAA.  The argument follows that college athletes are employees (under the National Labor Relations Act) and therefore entitled to wages, overtime pay, and benefits.  While the advocacy group that filed the unfair labor practice charge has the winds to their backs, now that the National Labor Relations Board is moving forward with the claim, there is still the question of what will ultimately come of this unfair labor practice charge.  Even if a Democratic controlled National Labor Relations Board would eventually find that college athletes are employees, I would expect this matter to eventually hit the courts and drag on for some time.  Stay tuned.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations