Posts tagged employment law
Legislation helping independent workers access portable benefits introduced
July 10, 2025 // Currently, while 80 percent of independent workers would like access to workplace benefits, decades old federal labor and employment law prevent them from doing so. The legislative package is supported by independent worker organizations like Flex Association, the Institute for the American Worker and the National Retail Federation, to name a few. “The Unlocking Benefits for Independent Workers Act is an important step toward addressing some of the federal legal hurdles that complicate efforts to connect independent contractors with portable benefits while ensuring that the millions of Americans who choose to earn on their own terms can continue doing so without risking the independence and flexibility they value. Flex looks forward to working with Senator Cassidy and other forward-thinking policymakers as there is additional work to be done on this issue at the state and federal levels,” Kristin Sharp, CEO of Flex Association.
Commentary: Is the NLRB Unconstitutional? The Courts May Finally Decide.
December 6, 2023 // While many agencies act politically, the Board is a special problem. Unlike other agencies, the Board makes almost all its decisions not through rulemaking, but through one-off panel decisions. That means it can change policy much faster. The “law” can swing wildly from case to case. In fact, according to one study, the Board during the Obama administration reversed a group of decisions that had been on the books for more than a collective 4,500 years. The Board’s constitutional flaws are also different from those of other agencies. For example, in a recent case involving the SEC, the Fifth Circuit Court of Appeals held that the agency’s structure violated the Seventh Amendment. That was because the SEC can impose civil fines—the kind of claims that must be tried to a jury. The Board has no authority to impose civil fines, so it doesn’t have the same Seventh Amendment problem. Its problem instead comes instead from its unchecked power to decide cases. It controls the outcome in disputes affecting a range of private rights. And those disputes, according to Article III of the Constitution, should be decided only by real judges.
NLRB General Counsel Calls for Union Organizing Through ‘Card Check’
April 22, 2022 // "In my experience, the card-signing process often is not an accurate indicator of actual interest in or support for a union," Pryzbylski said. "Many employees are peer pressured or coerced into signing cards, but if and when permitted to vote in a secret-ballot election, [they] vote against union representation."
MOONEY: Free Speech Suit against Teacher’s Union Could Boost Labor Reform
January 25, 2022 // “Pennsylvania should not have unconstitutional laws on its books. Nor should we use taxpayer-funded payroll systems to collect campaign cash. Correcting these problems will empower public employees and help ensure fairness in government. It’s encouraging to see House lawmakers moving to protect employees’ private data and shine the light of transparency on deals that cost taxpayers millions of dollars.”