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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Trump turning the Department of Labor into the Department of Employer Rights

From today’s Los Angeles Times:

No advocates for workers’ rights or labor were especially surprised last week when President Trump nominated Eugene Scalia for secretary of Labor, succeeding the utterly discredited Alex Acosta.

Scalia — son of the late Supreme Court Justice Antonin Scalia — had made his reputation in Washington as a lawyer for big corporations resisting labor regulations, after all.

He had helped Walmart overturn a Maryland law mandating minimum contributions by big employers for workers’ healthcare, defended SeaWorld against workplace safety charges after a park trainer was killed by an Orca (he lost that case), and had written extensively against a federal regulation expanding ergonomic safety requirements.

But Scalia’s appointment is best seen not in the context of his own legal career, but in the context of Trump’s assault on worker rights and welfare. Despite his positioning himself during his presidential campaign as a flag carrier for the working class, Trump has rolled back numerous pro-worker regulations from the Obama era and before.

He talked a good game about bringing back manufacturing and coal jobs, but that hasn’t materialized. His steel tariffs are credited with saving some 12,000 steel manufacturing jobs, but at the enormous cost to the economy of an estimated $900,000 per job.

That’s paid by steel users, including automakers and other manufacturers. General Motors says it took a $1-billion hit in 2018from the tariffs. That contributed to its decision to shed 14,000 jobs globally and to shutter its assembly plant in Lordstown, Ohio, costing 900 jobs. Although Trump attacked GM Chief Executive Mary Barra for the decision, he also turned his ire on UAW and AFL-CIO leaders, calling them “not honest people” and blaming high union dues for the Lordstown closing. (Union dues are paid by workers, not employers.)

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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.