Friday, June 15, 2018
Some recent labor & employment stories in the news recently:
- The New York Times has a piece out today on the prevalence of pregnancy discrimination, which includes background on Peggy Young and her suit against UPS that went to the Supreme Court. It reminded of my time one summer as a law student working on a pregnancy discrimination trial at Vladeck Waldman in NY. I distinctly remember the attorneys being worried about our case--which should've been an easy one based on the facts--because of their past experience facing resistance to such claims in front of judges' and juries. Our client ultimately won this one, but looking back, it's crazy how much evidence of discrimination it took.
- The California Department of Industrial Relations found the Cheesecake Factory jointly liable for wage and overtime violations against janitors at its restaurants. The case involved new state laws imposing more legal liability on companies for their contractors's violations. In this case, a subcontractor was directly responsible for the violations, but both the Cheesecake Factory and the contractor it hired, which in turn hired the subcontractor, were held jointly liable.
- The NLRB has made explicit what has been clear for a while: it's going to engage in rulemaking on the joint employer test. Oh, and it will also conduct a comprehensive review of its ethical policies and standards for Board Member recusals.
- Thomas Edsall writes an op-ed in the NY Times about worker struggles in the current economy, particularly under the Trump administration. He quotes top economists, Sachin, and some other guy who blogs here.