Posts tagged federal law
Biden ESG rule survives challenge from 25 red states
September 24, 2023 // Kacsmaryk’s 14-page ruling rejects the red states’ argument that the environmental and sustainable governance (ESG) rule violates the Administrative Procedure Act and the Employment Retirement Income Security Act, which regulates retirement plans. He wrote that the Biden administration rule still complies with those statutes, because it prioritizes financial considerations over environmental ones and thus has no “overarching regulatory bias in favor of ESG strategies.” “[W]hile the Court is not unsympathetic to Plaintiffs’ concerns over ESG investing trends, it need not condone ESG investing generally or ultimately agree with the Rule to reach this conclusion,” he wrote.
Biden administration working overtime to regulate working overtime
September 5, 2023 // ederal law says employees must be paid time and a half once they work more than 40 hours in a week. However, businesses may exempt workers from the requirement if their duties are “managerial” in nature and they reach a certain salary threshold. Currently, workers had to earn at least $35,500 annually before they were covered. The new rule, which goes into effect at the end of the year, raises that by almost $20,000. The administration estimates this would extend the rule to 3.6 million additional workers. The problem with the change is that it limits employers’ ability to work out alternate arrangements with employees where they work more than 40 hours in exchange for some other consideration, such as additional time off on other weeks. Under the new rule, employers are more likely to simply cut hours than to have to pay overtime at all.
Unions Against Teachers
August 29, 2023 // Many teachers comply, despite disagreement with the union, simply to avoid perceived or actual liability. Among those who don’t, many would rather quit than get dragged to court or end up in the local news over a political dustup.
What Settlement of Vaccine Mandate Case Says About Corruption of Teachers Unions
June 2, 2023 // But a second lawsuit by the teachers is pending, one that has garnered little media attention but may have greater long-term implications. That lawsuit also was filed against the Barrington Education Association, which brazenly abandoned these three dues-paying union members. In the same case earlier this spring, the three teachers’ attorney, Gregory Piccirilli, filed an Equal Employment Opportunity Commission claim against the Barrington teachers union, an affiliate of the National Education Association.
It’s a Gloomy Outlook for Jobs Under Biden. Here’s the Formula to Change That.
May 19, 2023 // For the sake of personal and societal happiness, for the sake of the financial well-being of American families, for the sake of solving America’s dire fiscal situation, and for the sake of preserving the foundation of American society, policymakers need to recognize the value and rewards of work. By protecting individuals’ rights to pursue the type of work and compensation that is best for them, expanding alternative education and job-training opportunities, and not forcing workers into unions, policymakers can expand opportunities for people to achieve meaningful and rewarding work. Work truly affects every aspect of American life. Our economy, our personal financial and physical well-being, our nation’s fiscal sustainability, and even our national security depend on it.
Opinion: Say No to prevailing wage
March 13, 2023 // Prevailing wage mandates artificially lift the cost of government construction projects by forcing bidders to pay the local or, “prevailing,” wage in a particular area. Typically, that means union scale wages. Michigan repealed its prevailing wage law in 2018. The Michigan House of Representatives voted this week to reinstate it. The Senate should vote it down. Research shows prevailing wage laws artificially raise the cost of government construction projects. In a forthcoming study, economist Michael Hicks, co-author of this post, estimates that the cost of road construction is raised by between 8.5% and 14.3% in quality-adjusted road miles. In Michigan in 2018 that would translate to between $5,900 and $9,200 in additional costs per mile. Who foots these extra costs? Taxpayers.
Union-friendly changes in the works at U.S. labor board
January 4, 2023 // The U.S. National Labor Relations Board's Democratic majority is poised to make a series of key changes to federal labor law in 2023 that will aid unions amid a surge in organizing that gained momentum during the COVID-19 pandemic. The NLRB and its general counsel, Jennifer Abruzzo, have signaled their interest in overturning a number of Trump-era decisions that were favored by business groups.
What’s next for staffer unions on the Hill?
November 1, 2022 // Staff for another five members — all Democrats — have filed petitions with the Office of Congressional Workplace Rights to hold elections. Since the initial eight offices filed petitions when they were first allowed to in July, only two more have done so — staff for Reps. Dina Titus of Nevada and Sean Casten of Illinois. If all form unions, around 100 House staffers out of 9,100 will be represented by the Congressional Workers Union.
Voters agree: There’s nothing wrong with employer meetings on unionization
October 13, 2022 // Employers are legally prohibited from interrogating, threatening, or making promises during union organizing efforts, which is when many of these EMUs occur. By contrast, unions have little to no restrictions on their speech, including what they can promise to potential members, making the need for EMUs even more important.
Commentary: One proposal to modernize labor laws would benefit women; another could set them back decades
May 5, 2022 // The PRO Act seeks to regress to the 1950s workplace that denied workers the flexibility needed to balance work/life demands. The ERA would preserve the gains women have made and provide important rights of autonomy, privacy, and opportunity for women and men alike.