Skip to main content

What I’ve Been Reading This Week


Some readers might recall a prior attempt by Northwestern football players to unionize several years ago.  While that effort was struck down by the National Labor Relations Board, the matter has been simmering since that time.  As the below article from Sports Illustrated notes, things have taken a sudden change in recent weeks following an announcement that an advocacy group on behalf of college athletes had failed an unfair labor practice charge that the National Labor Relations Board is moving forward with, to the dismay of many.

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


OSHA Notes Several Violations at Amazon Warehouses

Recently, the Occupational Safety and Health Administration (“OSHA”) had found several violations at six Amazon warehouses, noting a failure to properly record workplace injuries.  These violations came about following inspections earlier this year at several of the warehouses.  Now for those hoping/expecting severe penalties coming Amazon’s way…I have some bad news for you.  It appears Amazon will be on the hook for a whopping $30,000.00 or so in fines.


Are College Athletes Employees? The NLRB Sure Seems to Think So

Earlier this month, the National Labor Relations Board’s Los Angeles Region plans to proceed ahead with unfair labor practice charges against the University of South California, the PAC-12, and the NCAA.  The argument follows that college athletes are employees (under the National Labor Relations Act) and therefore entitled to wages, overtime pay, and benefits.  While the advocacy group that filed the unfair labor practice charge has the winds to their backs, now that the National Labor Relations Board is moving forward with the claim, there is still the question of what will ultimately come of this unfair labor practice charge.  Even if a Democratic controlled National Labor Relations Board would eventually find that college athletes are employees, I would expect this matter to eventually hit the courts and drag on for some time.  Stay tuned.

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,...

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 i...

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...