Posts tagged lawsuits
Trump fires US labor board member, hobbling agency amid legal battles
January 28, 2025 // As a board member, Wilcox voted to bar employers from holding mandatory anti-union meetings, to create a new path for unions to represent workers outside of the decades-old election process, and to make it easier to require companies to bargain with contract and franchise workers. Abruzzo in a statement said the board's efforts to empower workers in recent years would have a lasting impact. "So, if the Agency does not fully effectuate its congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands," she said.
Unions Sue DOGE, Calling It ‘Unbalanced’ For Excluding Opponents Of Efficiency
January 20, 2025 // The lawsuit said AFGE’s president, Everett Kelley, requested that a representative of the federal employees union be appointed to the cost-cutting panel because AFGE “has a deep knowledge of the federal government.” It complains that Norm Eisen, a far-left lawyer and lawfare practitioner who has tried to thwart Trump, also applied, only to be told that “we have no room in our administration for Democrats.” The lawsuit claims that DOGE is an advisory committee that should be subject to the Federal Advisory Committee Act (FACA), which would require it to have members with balanced views, and meetings and materials open to the public. It said the Grace Commission, a Reagan-era cost-cutting panel, was structured under FACA.
Independent Contracting in 2025
January 8, 2025 // Independent contractors forgo workplace benefits that employees receive. Portable benefits are a way to give them access to benefits untethered from employment with one employer.
US labor board bans mandatory anti-union meetings in ruling against Amazon
November 13, 2024 // The decision could also be overturned by the board when it gains a Republican majority, as the agency often reverses itself after changes in leadership. President-elect Donald Trump could have a Republican-led board in place as soon as next year. At least 10 U.S. states including New York, California, and most recently Alaska have banned captive audience meetings or prohibited employers from disciplining workers who do not attend them. The NLRB said its decision would only be applied moving forward and not to pending cases.
The Highest Stakes Commentary: Kim Kavin
October 16, 2024 // In this version of the ABC Test, Part B states that a person can only be a legally operating independent contractor if: The person performs work that is outside the usual course of the hiring entity’s business. That line has been an unmitigated income- and career-destroyer for Californians in more than 600 professions. It hit everyone from comedians who could no longer perform at comedy clubs to translators who could no longer provide translation services for translation companies to freelance writers who could no longer write articles for publishers. Owner-operator truckers are still battling in the courts and trying to explain how it could decimate the supply chain, with the threat of taking so many self-employed truckers off the road. The damage to people’s livelihoods was so significant that within a year—just one year—of AB5 going into effect:
Shawn Fain’s DNC Bombast And Trump/Musk Lawsuits Show UAW’s New Political Power
August 23, 2024 // A company statement said market conditions have caused it only to delay its production plans for the plant. It went on to say, “The Company has not violated the commitments made in the Investment Letter included in the 2023 UAW Collective Bargaining Agreement and strongly objects to the Union’s accusations. In fact, the UAW agreed to language that expressly allows the Company to modify product investments and employment levels. Therefore, the Union cannot legally strike over a violation of this letter at this time.”
Opinion: Kamala Harris’s California quid pro quo for unions
July 28, 2024 // Prime Healthcare Services alleged that the union then told them that it could make the problem go away. “Dave Regan, the president of SEIU-UHW, repeatedly informed Prime… that Harris would approve Prime’s acquisition only if Prime allowed SEIU-UHW to unionize workers at Prime’s hospitals,” according to court documents. SEIU donated to Harris’s 2010 and 2014 campaigns for attorney general as well as her successful 2016 Senate bid. A district court dismissed the lawsuit. It didn’t dispute that there may have been an arrangement between Harris and the union. It instead said that Harris had the legal power to rig the system this way.
New Law Redefines Employees and Contractors
March 7, 2024 // Data suggest worker misclassification may be the exception rather than the rule in many industries. Surveys consistently show that most independent contractors prefer their independence. Around 79% of them prefer their arrangement over a traditional job, according to the U.S. Bureau of Labor Statistics, while fewer than one in 10 contractors want a traditional work arrangement. "Since a lot of older Americans do seek out these flexible forms of work as they near retirement — or after — this rule will likely lead to reduced work opportunities for them." Implemented in 2020 when acting U.S. Labor Secretary Su was California's labor commissioner, California's Assembly Bill 5, or AB5, similarly set out to protect workers by getting more people on the payrolls. But many Californians working as legitimate contractors suddenly lost income after businesses and nonprofits stopped working with them as freelancers and didn't hire them as employees.
Was This The Plan All Along?
July 26, 2023 // Sen. Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, asked the Biden Administration Thursday to withdraw the nomination and warned that “(A)ny attempts to bypass the will of Congress, especially its constitutionally mandated advice and consent role, is unacceptable.” Su was the deputy labor secretary until her predecessor, Marty Walsh, left to take over the NHL players union, triggering her acting secretary status. Typically, under a law called the Vacancies Act, Su, who was nominated about four months ago, would have a 210-day time limit – for her, that’s mid-October – to her “acting” term. However, the Labor department has its own “succession statute” which states that the deputy becomes the acting secretary automatically and shall “perform the duties of the Secretary until a successor is appointed…” The labor statue has no time limit – confusion aspect one. The second issue is that Su’s nomination is still technically “pending” before the Senate.
OREGON STATE GOVERNMENT, SEIU ENGAGING IN STATE-SANCTIONED FRAUD
September 28, 2022 // “In Ms. Wright’s case, SEIU 503 forged the employees’ signature electronically,” continued Millard. “Despite the fact the court accepted that the forgery took place, the decision means neither the State of Oregon nor the Union have any constitutional duty to obtain consent from the employee.” The decision is an unadorned get-around of Janus, in which the Supreme Court ruled that states cannot force public employees to pay money to the union unless the employee provides affirmative consent in the form of a waiver of their First Amendment rights. Zielinski v. SEIU 503, Jason Dudash,