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What I've Been Reading This Week


The battle over classifying workers as independent contractors rather than employees...a tale as old as time.  The Atlantic examined the cannabis industry in California and pondered whether workers being reclassified has been beneficial to either, both, or neither party.  With other related gig company workers seeking to be classified as employees rather than independent contractors, perhaps this situation in California could serve as a litmus test as to the viability of re-classifying workers in this industry?

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


Long Island Target Workers Reject Union Representation

Back in 2015, I had highlighted an attempt by workers to unionize at a Target store in Brooklyn.  That unionization effort was rare as Target has both been proactive in combating unionization of its workplaces as well as the fact that so few union elections had occurred at Target previously.  It has been somewhat quiet since that time in regard to Target and labor unions...until earlier this month when an election was held at a Target store in Long Island.  With about 200 eligible workers able to participate, the vote ended up being 118-39 against unionization.  As the Bloomberg article speculates, this resounding defeat could mean that even fewer unionization efforts will be attempted at Target going forward.  I think this is quite likely, due in no small part to the company's continued efforts to combat unionization and the lack of a solid track record of unionization for big labor to rely upon to justify taking on a prolonged fight against the company.



The HR Bartender published an article last week that addressed what happens when an employee wants to go on the record or ask that a matter be kept confidential.  In short, as the article points out, while there are specific circumstances in which information would need to be kept confidential (such as medical information), many other things that are presented to HR do not need to be kept confidential.  With that being said, it is noted that the law is not 100% clear on what precisely what HR needs to keep confidential given differing rules from the National Labor Relations Board and the Equal Employment Opportunity Commission.  A good rule of thumb, if in doubt, is to consult an employment law attorney.



Alana Semuels at The Atlantic took a close look at what happens when independent contractors (in the gig economy) become actual employees.  Using cannabis companies in California as an example (that are now required to classify their drivers as employees), Semuels considers whether this change in identification has been good for both workers and employers.  The jury is still out on the matter, but the article is well worth a read. 

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