NLRB HAS ‘SYSTEMATICALLY’ DAMAGED WORKER RIGHTS ON BEHALF OF LOBBYISTS, REPORT SAYS

From today‘s Newsweek:

President Donald Trump’s National Labor Relations Board has catered to the requests of a prominent business lobbying group and “systematically” eroded workers’ rights, according to a report from the Economic Policy Institute released Wednesday.

The report says that the labor board, which is supposed to protect the interests of workers, has “elevated corporate interests above those of working men and women and have routinely betrayed the statute they are responsible for administering and enforcing.”

Trump has depicted himself as a champion of blue-collar workers. He regularly touts the monthly jobs report and the unemployment rate, which is currently at a half-century low. He promoted his 2017 bill to overhaul the tax code as a victory for workers, though an April report from the Center for Public Integrity noted corporations benefitted far more than workers did.

But the president has pushed policies that critics say contradict his claims of supporting worker right, including rebukes for efforts to cut the power of unions. Past reports from journalists and left-leaning think tanks have also challenged Trump’s self-depiction as a champion of the laboring class. The Center for American Progress wrote in August that Trump had enabled wage theft, empowered employer discrimination and threatened worker safety, and in 2018, detailed how his policies were “hurting American workers.”

EPI’s report further challenges Trump’s claims as a workers’ advocate by closely examining the functioning of the NLRB, which is comprised of three Trump appointees, one Democrat holdover and a Trump-appointed General Counsel. The report says that, during Trump’s time in office, the board has worked to undermine the intended duties of the agency.

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Labor Department moves to ease franchise liability for wage violations

From today’s Reuters News:

The U.S. Department of Labor on Monday issued a proposal that would make it more difficult to prove companies are liable for the wage law violations of their contractors or franchisees, a top priority for business groups.

If adopted, the rule would likely help fast-food companies and other franchisors who have been sued by workers in recent years for wage-law violations by franchisees.

The department in 2017 had already repudiated legal guidance issued by the Obama administration that had expanded the circumstances in which a company could be considered a so-called joint employer under the federal Fair Labor Standards Act (FLSA).

Labor Secretary Alexander Acosta in a statement said Monday’s proposal would reduce litigation under the FLSA and provide clarity to businesses and courts. The FLSA mandates that workers be paid the minimum wage and overtime, among other requirements.

Publication of the rule kicked off a 60-day public comment period.

Under the proposal, companies would be considered joint employers only if they hire, fire, and supervise employees, set their pay, and maintain employment records. That would likely exclude many franchisors and companies that hire contract labor.

Read the complete article here.