Posts tagged Employment

    The Changes Begin: Trump Administration Takes Slew of Actions in the Labor and Employment Field

    January 28, 2025 // President Trump did not take immediate action to fire the General Counsels for the EEOC and NLRB, moves that had been widely anticipated for his first day in office, although those actions are expected soon. Once made, the moves will further shift those agencies away from their Biden-era policies toward, to some extent, more business-friendly approaches with some significant caveats evident in the President’s initial Executive Orders.

    Commentary: More Jobs, Fewer Workers: Is the Labor Market Strong or Weak?

    November 5, 2024 // Even after factoring in the BLS’s acknowledgment that its reports overstated job gains by 818,000 from March 2023 to March 2024, there still appears to be about five times as many new jobs created over the past year as there are additional people working. While media reports and markets tend to focus on jobs reports, what matters most to the economy and to human flourishing is how many people are working. Currently only 60.2% of people ages 16 and over in the U.S. are working. This is a gap of about 2.6 million workers compared to pre-pandemic employment rates.

    Patrick Pizzella: There Is Always Dignity in Work

    September 2, 2024 // We honor work itself as a noble pursuit. All work. Any kind of work. In hard work itself there is meaning, calling and purpose. People want to work! And we as a culture, as a country, should be recommitting ourselves to recognizing the dignity of work, whether you work on Main Street, Wall Street, under the street, sweeping the street, or paving the street.

    NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

    August 14, 2024 // Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent guidance from the National Labor Relations Board’s (NLRB) General Counsel has brought these issues to the forefront, particularly as the federal agency offers schools its view about how to satisfy your duties under both the Family Educational Rights and Privacy Act (FERPA) and the National Labor Relations Act (NLRA).

    RESEARCH: Minimum Wage Laws and App-Based Workers

    March 30, 2024 // Rideshare apps are not too different. They generate revenue by taking a share of the total cost paid by riders to drivers. What is less clear is how large that fee is and how that fee has changed over time and across platforms. Rather than seeking out a rigid wage floor, a fee floor could stand in for the sense of fairness across platforms of different types. If workers on platforms are truly entrepreneurs, picking and choosing when, where, and how to allocate their labor across multiple platforms, doing more to ensure that markets offer a fair share of revenue can get the job done far more efficiently than attempting to mandate any particular amount.

    Everything You Need to Know About the Department of Labor Independent Contractor Rule

    March 12, 2024 // The DOL does not provide an analysis of how many independent contractors will actually become employees. Let’s say a company is contracting with 100 photographers, all of whom are affected by this rule: how many of those photographers will become employees? It’s clearly not all 100 of them. To unpack the potential benefits (and costs) on workers, we need some analysis into how many of those 100 freelance photographers would become employees. Another consideration for the benefits side of the equation is whether most independent contractors are currently working with small businesses or larger ones. This matters because, as I point out in a previous post, many small businesses do not provide healthcare insurance, retirement benefits, or maternity benefits to their employees. This means that the “benefits” differences between an independent contractor and an employee at a small business are smaller than expected.

    New Research Quantifies Harms To Independent Contractors Of California’s AB5

    January 23, 2024 // Despite AB5 proponents’ claims that the law would increase full-time employment and offer benefits and protections, the researchers found “robust evidence that AB5 is significantly associated with a decline in self-employment and a decline in overall employment.” · AB5 reduced the level of self-employment by 6.7 percentage points to 28%. · AB5 reduced the level of overall employment by 7.3 percentage points to 14%. · The researchers did not find significant evidence that AB5 increased W-2 employment.

    California’s Attack on Gig Work Predictably Drove Workers Out of Jobs

    January 19, 2024 // Last week, the DOL announced a new set of rules for determining whether a worker is an employee or an independent contractor. Like with California's A.B. 5, those proposed federal rules are meant to crack down on what the government sees as a deliberate effort to misclassify workers as contractors—which can change, among other things, the benefits that an employer is obligated to pay. Most gig workers and independent contractors are content with their more flexible, less structured employment arrangements—so in some sense, these governmental efforts seem to be trying to save workers from their own choices.

    Opinion: REI is Right to Question Unions

    November 17, 2023 // Following the landmark 2018 Janus decision, public sector unions can’t mandate dues on non-members because it violates their First Amendment rights. The Freedom Foundation reports four of the largest public sector unions have lost a whopping 733,745 members since June 2018. An inconvenient truth: The unionized workforce is rapidly dwindling, making up 10.1% of the U.S. workforce. In comparison, the freelance workforce has grown to 45%—with 72 million individuals engaging in independent contracting full-time, part-time, or occasional. Even if I disagree with their politics, companies like REI demonstrate they can offer better benefits and perks over third-party entities like unions.

    23 American Industries With the Highest Union Membership Today

    September 29, 2023 // The most highly unionized U.S. sector is educational services, where nearly 30% of workers are union members and one in three workers are covered by union representation. This includes nearly 3.5 million of the country’s 9 million elementary and secondary school teachers who are part of organized labor. Public administration is the second-most unionized industry with about 28% union membership. For example, about 41% of the nearly 2.8 million workers involved in justice, public order, and safety activities — a category that includes police officers and firefighters — carry union cards. In third place: One out of five transportation and warehousing workers are union members.