Skip to main content

What I’ve Been Reading This Week


Perhaps we should have called this the Senator Warren week...given the two posts related to her involvement in California's codification of its ABC Test for independent contractor v. employee classification as well as the unfair labor practice charge filed against her campaign for President.  While she dominated much of the week, there are several other developments worth highlighting.  In particular, I call attention to ongoing discussions in Texas in regard to passing a statewide ban the box measure.

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


Texas Governor Backs Statewide Ban the Box Legislation

Late last week, Republican Governor Greg Abbott voiced his support for a statewide ban the box measure.  For those unaware, Texas does not currently have any ban the box law in place, although attempts were made to pass legislation last session.  With the Texas Legislature not set to meet again until 2021, those in the state hoping for passage of this legislation will have to wait.  In the meantime, the Governor’s support of a statewide ban the box measure will likely buoy those that are hoping the Legislature will take action again next session.


An Overview of Delaware's New Sexual Harassment Law

At the start of 2019, Delaware has amended its law to classify sexual harassment as being separate from discrimination claims.  For those looking for a comprehensive overview of how Delaware handles sexual harassment claims in the workplace, this is a great resource to consult.


Unfair Labor Practice Charge Filed Against Dave Portnoy, Founder of Barstool Sports

Twitter became a major talking point last week, after the founder of Barstool Sports, Dave Portnoy, tweeted several anti-union comments that drew the attention of New York Representative Alexandria Ocasio-Cortez and Donald Trump, Jr.  On the heels of those tweets came news that an unfair labor practice charge had been filed by the Committee to Preserve the Religious Right to Organize.  This report from Eriq Gardner at The Hollywood Reporter delves into how things will likely play out, starting with the National Labor Relations Board investigators gathering evidence and taking affidavits from parties and witnesses to determine if a violation of the National Labor Relations Act occurred.

Comments

Post a Comment

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,...
Post a Comment
Read more

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...
Post a Comment
Read more

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
Post a Comment
Read more