Category Uncategorized

AMERICAN UNIVERSITY GRADUATE ASSISTANTS SEEK TO UNIONIZE

By: Marissa Ditkowsky On March 1, 2017, American University Provost Scott Bass sent out a community-wide email surrounding the unionization of graduate assistants through the Service Employees International Union (SEIU), Local 500. According to Provost’s email, SEIU Local 500 filed a petition with the National Labor Relations Board (NLRB) seeking to be a certified representative […]

No Ban, No Ball

By: Meikhel Philogene The travel ban imposed by President Donald J. Trump through Executive Order 13769, signed on January 27, 2017, has been one in a series of controversial executive orders signed by the President during his first two weeks of office.[1]  The travel ban immediately suspends U.S. entry to refugees and nationals from several […]

Should California Labor Laws Be Extended to all Entertainers?

Many of our country’s record labels are based in the state of California, which is of no surprise since California is where people travel to make their dreams come true. However, many are not aware that California has specific labor laws that establish a seven-year rule for contracts. In 1944, the actress Olivia de Havilland […]

H(ell)-2 Visa Program

The H-2 visa program, which grants visas for noncitizens to perform unskilled agricultural labor in the United States, is one that is often contended. Many argue that it takes jobs away from United States citizens who would otherwise receive employment, while its supporters assert that it is only used for jobs that United States citizens […]

Are Uber Drivers Employees or Independent Contractors?

Currently, labor law recognizes workers providing services can be categorized as an independent contractor or an employee. Independent contractors and employees are differentiated by their degree of control and independence in their work, and laws generally provide employees with more employment rights. Uber classifies their drivers as independent contractors, evading expenses such as overtime pay, minimum-wage protections, […]

Young v. United States Parcel Service

By Andrea De Leon In Young v. United States Parcel Service, Inc., the Supreme Court of the United States was tasked with deciding whether the Pregnancy Discrimination Act (PDA) requires an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar, but not pregnancy-related, work limitations. […]

Pacific Lutheran University, 361 NLRB No. 157 (2014)

By Nicholas Gleichman In its analysis, the National Labor Relations Board restructured its standard for evaluating when to assert jurisdiction over colleges and universities holding themselves out as religious institutions. See N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). Additionally, the Board considered the level of control that faculty members need to exert […]

Massachusetts becomes Fourth State to Sign Domestic Workers’ Bill of Rights into Law

BY Christopher Valencia On July 2, 2014, Governor Deval Patrick signed the Massachusetts Domestic Workers’ Bill of Rights into law. See Massachusetts Bill of Rights, National Domestic Workers Alliance, http://www.domesticworkers.org/mass-bill-of-rights (last visited Nov. 17, 2014). Under the new law, a domestic worker is defined as “an individual or employee who is paid by an employer […]

Colbert v. Department of Veterans Affairs: A Finding of Whistleblowing Activity

By Berna Shamansurova A Department of Veterans Affairs employee made a nonfrivolous allegation of a protected disclosure when he disclosed facts about an allegedly improper medication distribution procedure. He also alleged that veterans were given unauthorized access to restricted hospital areas. The Merit Systems Protection Board held that disclosure was a “contributing factor of the agency’s […]

Mandated Sick Leave Debate: Is there a middle ground?

by Lorna Lunney The debate over mandatory sick leave continues to challenge state and city governments across the country. Most recently, Philadelphia fell one vote short for mandatory sick days leaving 180,000 workers without the benefit. This vote followed the second time Mayor Nutter vetoed a bill that would allow hourly workers without earned sick […]