Workers Score NLRB Win

From the USW

Workers scored a major win earlier this month when a federal court upheld an Obama-era National Labor Review Board (NLRB) ruling finding that corporations could be held responsible for issues like wage discrimination or illegal job termination, even if the employees were subcontractors or working at a franchised company.

The D.C. appellate court affirmed that a business could be considered a so-called joint-employer if it exercised a certain level of “indirect control” over employees’ working conditions. This decision is bound to shake up business groups’ plans to overturn the joint-employer standard, something many believed was certain to happen under the now Republican-controlled NLRB.

“The court is very clear that the determination of who is an employer is a legal question, not a policy question,” said Sam Bagenstos, a University of Michigan law professor. “And for this question, which is determined by common law, the courts decide that without giving any particular deference to the NLRB.”

The original saga of this case began in 2013 when a union petitioned the NLRB to represent Leadpoint Business Services workers, with Browning-Ferris named as a joint-employer, on the basis that the latter also controls the contractors’ wages and working conditions. Using its new and expanded joint-employer test, the NLRB ruled in favor of the workers, prompting Browning-Ferris to fight the decision ever since.

But not anymore.

This decision will also likely affect labor advocates and campaigns, such as Fight for 15, who have been arguing in court for the last few years that McDonald’s should be held liable as a joint-employer for the fast-food workers who were fired from their jobs when they engaged in nationwide protests for higher pay.

***

Posted In: Union Matters

Union Matters

Federal Minimum Wage Reaches Disappointing Milestone

By Kathleen Mackey
USW Intern

A disgraceful milestone occurred last Sunday, June 16.

That date officially marked the longest period that the United States has gone without increasing federal the minimum wage.

That means Congress has denied raises for a decade to 1.8 million American workers, that is, those workers who earn $7.25 an hour or less. These 1.8 million Americans have watched in frustration as Congress not only denied them wages increases, but used their tax dollars to raise Congressional pay. They continued to watch in disappointment as the Trump administration failed to keep its promise that the 2017 tax cut law would increase every worker’s pay by $4,000 per year.

More than 12 years ago, in May 2007, Congress passed legislation to raise the minimum wage to $7.25 per hour. It took effect two years later. Congress has failed to act since then, so it has, in effect, now imposed a decade-long wage freeze on the nation’s lowest income workers.

To combat this unjust situation, minimum wage workers could rally and call their lawmakers to demand action, but they’re typically working more than one job just to get by, so few have the energy or patience.

The Economic Policy Institute points out in a recent report on the federal minimum wage that as the cost of living rose over the past 10 years, Congress’ inaction cut the take-home pay of working families.  

At the current dismal rate, full-time workers receiving minimum wage earn $15,080 a year. It was virtually impossible to scrape by on $15,080 a decade ago, let alone support a family. But with the cost of living having risen 18% over that time, the situation now is far worse for the working poor. The current federal minimum wage is not a living wage. And no full-time worker should live in poverty.

While ignoring the needs of low-income workers, members of Congress, who taxpayers pay at least $174,000 a year, are scheduled to receive an automatic $4,500 cost-of-living raise this year. Congress increased its own pay from $169,300 to $174,000 in 2009, in the middle of the Great Recession when low income people across the country were out of work and losing their homes. While Congress has frozen its own pay since then, that’s little consolation to minimum wage workers who take home less than a tenth of Congressional salaries.

More ...

A Friendly Reminder

A Friendly Reminder