Month: October 2019

Usher in a new day for labor: The courts can’t be counted on to protect workers anymore; Congress needs to pass new laws

As the Supreme Court prepares to decide whether the 1964 Civil Rights Act protects gay and transgender people from workplace discrimination, it seems, at least to me, unlikely that a bench dominated by five very conservative men will protect gay employees. This should be a wake-up call: We cannot count on the courts to protect our rights in the workplace. We need a Congress that will actually pass laws, and high on the list of legislative priorities should be a “just cause” law that would protect every employee from unfair terminations. Common as a legal standard of employment across much of the industrialized world, and here routinely negotiated into union contracts, “just cause” is the principle that no employee can be fired without a legitimate, serious, work-performance reason. Such a legal standard would empower workers to speak out about pay disparities, to combat sexual harassment and to complain about unsafe […]

The Powerful New Idea in Elizabeth Warren’s Labor Platform

On Thursday, Elizabeth Warren released her long-awaited labor platform, titled “Empowering American Workers and Raising Wages.” The plan provides unions with a long wish list of badly needed reforms and new powers. It also makes a solid case that, like Bernie Sanders, she would be the labor movement’s biggest booster in the White House in generations. Several other candidates, including Julián Castro, Beto O’Rourke and Amy Klobuchar, have also recently put out lengthy labor plans, which provide examples of how (and how not) to stand out from the pack when the baseline position of most Democrats in repealing the Taft-Hartley Act. The biggest innovation in Warren’s platform is a private right of action in the federal courts against employers who violate the National Labor Relations Act. Currently, only employers are able to take their complaints directly to the federal courts, against a union picket line, boycott action or other alleged […]