Law in Contemporary Society

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PatrickMarrisFirstEssay 8 - 21 Apr 2018 - Main.PatrickMarris
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The Future of Joint Employers

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<		The Save Local Business Act will likely never be law. But the Federal government is nevertheless working to curtail labor protections and shape policy relating to joint employers. Peter Robb, Trump's appointee as general counsel for the NLRB, has already begun settling an NLRB case against McDonald's for abuses of workers—a case distinct from the judicial action already discussed—in which the NLRB has invested 150 days of trial. Though the prior settlement was viewed as a positive step for workers's rights, a settlement in the administrative case would be viewed—at least by Sharon Block and Benjamin Sachs of Harvard Law School—as "abandoning . . . a groundbreaking inquiry into whether a major employer like McDonald's should be held accountable for violating the rights of its low-paid workers." Such a question, according to labor activists, deserves the attention of a judge. And though with the recent overruling of Hy-Brand Industrial the NLRB has reverted to the Browning-Ferris standard, Trump's Republican appointee for the fifth member to the Board is awaiting Senate confirmation. With this majority, Trump's NLRB can "engage[] in a full-fledged legal assault on unions that's poised to wreak havoc on collective bargaining" by dismantling the worker-friendly joint employer standard.
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>		The Save Local Business Act will likely never be law. But the Federal government is nevertheless working to curtail labor protections and shape policy relating to joint employers. Peter Robb, Trump's appointee as general counsel for the NLRB, has already begun settling an NLRB case against McDonald's for abuses of workers—a case distinct from the judicial action already discussed—in which the NLRB has invested 150 days of trial. Though the prior settlement was viewed as a positive step for workers's rights, a settlement in the administrative case would be viewed—at least by Sharon Block and Benjamin Sachs of Harvard Law School—as "abandoning . . . a groundbreaking inquiry into whether a major employer like McDonald's should be held accountable for violating the rights of its low-paid workers." Such a question, according to labor activists, deserves the attention of a judge. And though with the recent overruling of Hy-Brand Industrial the NLRB has reverted to the Browning-Ferris standard, Trump's Republican appointee for the fifth member of the Board is awaiting Senate confirmation. With this majority, Trump's NLRB can "engage[] in a full-fledged legal assault on unions that's poised to wreak havoc on collective bargaining" by dismantling the worker-friendly joint employer standard.
 With the Republican NLRB and the Republican Party at large working diligently for the interests of McDonald's, Walmart, and other mega-corporations and with a wildly anti-worker president, it's time for low-wage workers to organize behind Democratic candidates to retake Congress from anti-union, anti-worker Republicans. Otherwise, the future for workers at low-wage franchises is bleak.

Revision 8r8 - 21 Apr 2018 - 23:33:08 - PatrickMarris
Revision 7r7 - 21 Apr 2018 - 21:05:56 - PatrickMarris
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