While I could have lead this post off with a nod to the news earlier this week that the National Labor Relations Board has extended the comment period for its proposed rulemaking to determine joint employer status (thanks for the write up, HR Dive), there is not a lot to say beyond the comment period has been extended into December. As a result, I wanted to instead focus on next Tuesday and the employment law related referendums and propositions facing voters across the country. In particular, Measure L, which is on the ballot in Anaheim this Election Day, is worth a review. (Do not forget to also check out Proposition B, a minimum wage ballot measure facing voters in Missouri on Tuesday).
As always, below are a couple articles that caught my eye this week.
The Los Angeles Times published an article earlier this month that focused attention on the millions of dollars being spent by Disney and labor unions ahead of a vote Tuesday in Anaheim over a ‘living wage’ ballot initiative. That proposal, Measure L, would require large hospitality employers that accept a city subsidy to pay their employees a ‘living wage” of $15/hour beginning in January with increases of $1/year until 2022. After that point, wage hikes would be tied to the cost of living. There is currently a debate over whether Disney falls within the scope of an employer under Measure L, as a result of construction bonds that were issued in 1996 to help Disney build a parking garage. (Bed taxes from Disney and other parts of the city are being used to pay off the 40 year bonds). While Anaheim’s City Attorney has issued an opinion that the bond agreement does not qualify as a subsidy, it is widely expected the matter will be resolved in court. In the interim, Disney is not taking any chances as it seeks to prevent Measure L from being approved by Anaheim voters next week.
Readers will recall that I have highlighted the ongoing efforts of the Fight for $15 movement over the past few years. While the movement has achieved some degree of success, it remains an ongoing and hard fought slog, especially in certain industries. Kalena Thomhave wrote an article a few weeks ago and noted that the Fight for $15 movement is turning its attention to establishing unions at low wage places of employment, such as the fast food industry. Thomhave highlighted the strikes by fast food workers recently as evidence that there is a desire (if not a grassroots underpinning) for a large scale union presence in the fast food industry. Will anything come of it? Perhaps, although like with the Fight for &15 movement itself, there likely will be no overnight or quickly won victories here.
Marriott Workers’ Strike Picks Up Steam
For those that have been reading the blog over the last few weeks, you likely recall the strike occurring by nearly 8,000 workers at the Marriott hotel chain & the picket lines that have popped up outside many Marriott properties. Drew Philip at The Guardian notes that the strikers have recently adopted the mantra ‘One Job Should Be Enough’ and have started to use that as a rallying cry at picket lines across the country. As the article notes, strikes have become somewhat rare within the past few decades (compared to the hundreds that occurred every year in the 1960’s), nevertheless, Unite Here (which represents the striking Marriott workers) has called this “the largest multi-city hotel strike in North American history.” Things are still touch and go on the negotiation front, but I highlight this article in particular to call attention to the new mantra adopted by the striking workers. Will ‘One Job Should Be Enough’ achieve its intended result/catch on elsewhere? Time will tell.
The Gig Economy & Department of Labor Opinion Letters
Bloomberg published an article a few weeks ago that speculated the Department of Labor would likely soon start zeroing in on the gig economy, specifically how to classify these workers as employees or independent contractors, via opinion letters. (Department of Labor opinion letters help clarify employment and labor law related matters). Given the continued focus on gig economy workers and the repeated requests that have started to pile up asking for the Department of Labor to address the matter, many legal experts expect opinion letters on the matter to be issued in the coming months. This article from Bloomberg notes several of the requests made so far, for those looking for additional information on the matter.
The Fair Labor Standards Act: A Primer
Every month, I come across several Fair Labor Standards Act ("FLSA") cases and developments to highlight. With that being said, while I gloss over the basics of the FLSA and often dive right into one of the more nuanced portions of the Act which are in dispute in a given case, some readers might feel a bit in the dark about the entire scope of the FLSA itself. Never to fear as Katie Clarey has an FLSA primer that touches on all the relevant portions of the Act as well as a few helpful guides on what employers can do to avoid liability for failing to pay their employees the proper wages due and owing.
Marriott Workers’ Strike Picks Up Steam
For those that have been reading the blog over the last few weeks, you likely recall the strike occurring by nearly 8,000 workers at the Marriott hotel chain & the picket lines that have popped up outside many Marriott properties. Drew Philip at The Guardian notes that the strikers have recently adopted the mantra ‘One Job Should Be Enough’ and have started to use that as a rallying cry at picket lines across the country. As the article notes, strikes have become somewhat rare within the past few decades (compared to the hundreds that occurred every year in the 1960’s), nevertheless, Unite Here (which represents the striking Marriott workers) has called this “the largest multi-city hotel strike in North American history.” Things are still touch and go on the negotiation front, but I highlight this article in particular to call attention to the new mantra adopted by the striking workers. Will ‘One Job Should Be Enough’ achieve its intended result/catch on elsewhere? Time will tell.
The Gig Economy & Department of Labor Opinion Letters
Bloomberg published an article a few weeks ago that speculated the Department of Labor would likely soon start zeroing in on the gig economy, specifically how to classify these workers as employees or independent contractors, via opinion letters. (Department of Labor opinion letters help clarify employment and labor law related matters). Given the continued focus on gig economy workers and the repeated requests that have started to pile up asking for the Department of Labor to address the matter, many legal experts expect opinion letters on the matter to be issued in the coming months. This article from Bloomberg notes several of the requests made so far, for those looking for additional information on the matter.
The Fair Labor Standards Act: A Primer
Every month, I come across several Fair Labor Standards Act ("FLSA") cases and developments to highlight. With that being said, while I gloss over the basics of the FLSA and often dive right into one of the more nuanced portions of the Act which are in dispute in a given case, some readers might feel a bit in the dark about the entire scope of the FLSA itself. Never to fear as Katie Clarey has an FLSA primer that touches on all the relevant portions of the Act as well as a few helpful guides on what employers can do to avoid liability for failing to pay their employees the proper wages due and owing.
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