Skip to main content

What I’ve Been Reading This Week


Throughout the past few weeks, I have come across numerous articles dealing with how employers and employees are dealing with the coronavirus pandemic.  This week, I wanted to highlight an article that surmises how work from home might be on the cusp of being more acceptable for the foreseeable future (including once the pandemic ends.)  While all the below articles are worth a read, that one in particular worth checking out.

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



At the end of last month, the National Labor Relations Board (“NLRB”) issued a decision in 800 River Road Operating Co., LLC d/b/a Care One at New Milford, a decision that upends a 2016 NLRB ruling in Total Security Management Illinois 1, LLC.  In Total Security, the NLRB (which had a labor friendly tilt at the time) found that an employer is required to provide notice and an opportunity to bargain to a newly certified union on “serious” disciplinary action against represented employees, even before a collective bargaining agreement is agreed upon.  That decision upended nearly 80 years of precedent which had gone the other way.  Never fear, 800 River Road reverts back to the prior standard and allows employers to discipline employees without first notifying or bargaining with a newly certified union.



Morgan Hines over at USA Today recently wrote an article that noted an increased push among labor unions working to obtain better protections for workers at Disneyland, ahead of its eventual reopening.  Disneyland, located in Anaheim, had originally planned to open in the coming weeks but announced that it would indefinitely delay reopening as a result of an uptick in the coronavirus pandemic.  Last Saturday, the Coalition of Resort Labor Unions organized a “Disney Caravan for Safety” to bring attention to its request that Disneyland only reopen once it had taken steps to keep workers and guests safe amid the coronavirus pandemic.  I suspect that these labor unions will likely obtain some of their requests from Disneyland.  The thing that remains to be seen is whether the concessions these labor unions obtain becomes the new “floor” for what other employers will provide in the coming months as things start to reopen.



On Tuesday, Florida Governor Ron DeSantis signed E-Verify legislation into law that will impact many employers in the state.  Under the legislation, all public employers as well as their private contractors will be required to use E-Verify.  (E-Verify is an online database that can confirm a worker’s eligibility to lawfully work in the United States.)  While Governor DeSantis had long sought for the legislation to apply to both public and private employers, that request fell short.  As a result, private employers will not be required to use E-Verify unless they have a contract with a public employer, apply for taxpayer funded incentives, or voluntarily choose to do so.  Supports and opponents of E-Verify can both claim victory here, in one form or another.



Greg Rosalsky at NPR penned a recent article in which he surmised that work from home arrangements that many employers have adopted the past few months might turn out to be the norm going forward.  (Granted, that might not come as a surprise to many readers.)  At the outset of the coronavirus pandemic, I had highlighted an article or two which surmised that work from home might become more commonplace.  Fast forward a few months in and I think employers and employees alike are seeing that work from home arrangements are actually effective.  For one thing, Rosalsky notes that productivity does not seem to take much of a dip.  As well, many employers are able to avoid the cost of pricey real estate by having their workforce work remotely.  Who knows how long it will be until a significant number of workers physically return to the workplace.  In the meantime, Rosalsky’s article paints an intriguing picture of how the work from home arrangements for many might exist going forward.

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, it was noted that emplo

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per