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What I've Been Reading This Week


Janus v. AFSCME.  Readers have likely heard about that case and the significant impact it has had in regard to unions in the country ever since the United States Supreme Court issued its decision this past summer.  A recent case in Washington state that came about as a result of Janus is well worth a review, if for no other reason than similar cases are likely to follow suit...regardless of the Court's dismissal of the claim.

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


A Few Tips on How to "Control" An Office Holiday Party

Robin Shea wrote a great article a few weeks ago that offers employees six things to keep in mind to help control an office holiday party and limit potential liability that often arises with these type of work events.  One idea in particular, to have reliable employees serve as "chaperones" to help keep an eye on things and tactfully step in, could be of use to some employers...especially when alcohol is involved.  As many readers have likely seen, having alcohol at a workplace event can often lead to potential issues popping up.  Robin's idea to have some employees refrain from drinking and instead help keep an eye on things is not a bad idea to consider.  Notwithstanding that particular tip for employers, Robin's other five thoughts are well worth a review.


Incoming Congresswoman Alexandria Ocasio-Cortez to Pay Interns More Than Minimum Wage

Democratic Congresswoman Alexandria Ocasio-Cortez, from New York, made news when she announced late last week that she would pay her Congressional interns.  Not only did that announcement garner attention, but so did her insistence that she would also pay her interns more than the minimum wage rate.  This is a shift compared to how interns on Capitol Hill have traditionally been unpaid.  What changed?  A D.C. nonprofit, Pay Our Interns, was able to lobby Congress to appropriate a small amount of funding to pay Congressional interns in both the House & Senate.  As some have noted, given that many in Congress have advocated for a higher minimum wage rate, namely $15/hour, having the ability to now pay Congressional interns avoids a potential hypocritical situation if unpaid interns remained the norm.


Washington District Court Dismisses Suit Seeking Unions Pay Back Fees Following Janus Ruling

After the United States Supreme Court issued its decision in June in Janus v. AFSCME, it was inevitable that lawsuits would be filed seeking that unions return the fees collected from non-union members.  At the end of November, the United States District Court, Western District of Washington at Tacoma issued a decision in Danielson v. AFSCME in which it held that the union, the AFSCME, did not have to return those funds collected.  As some have pointed out, this was a significant victory for public sector unions but likely not the last time this type of lawsuit will be filed...not to mention that the plaintiff might appeal the District Court's ruling to the Ninth Circuit.  Stay tuned.


The California Cannabis Industry vs. Unions

Erin Mundahl at InsideSources wrote an article earlier this week that took a look at the looming fight between employers in the California cannabis industry and labor unions.  As Erin notes, many employers in the cannabis industry are not keen on the idea of unions taking hold in the workplace.  However, workers at several cannabis farms have already unionized with unionization possible at several other farms.  One stumbling block to unionization taking hold has been the high turnover rate in the industry which has prevented unions from obtaining the necessary majority vote.  With that being said, it appears possible (if not likely) that unionization in the cannabis industry will increase in the coming years.  This is one area to keep an eye on, for those looking for a barometer as the the continued viability of unions in the workplace.

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