February 9, 2022
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Workers Still Lack Security Despite Tight Labor Markets

       

According to BLS statistics, the labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November.  In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class.

The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative. The post-Recession jobs recovery under presidents Obama and Trump was more the result of an increase in part-time jobs, gig work, and freelancing in the amorphous and unstable “service economy,” exacerbating a trend from the end of US’s post-War economic boom when corporations, faced with with declining rates of profit, turned to union-busting, subcontracting and a reliance on part-time workers.

According to the New York Times, much of the current situation, with rising wages but no attendant benefits like schedule stability or full-time work, is due to employers having gotten very used to worker flexibility since the Great Recession. They have not changed during the pandemic. Workers may be experiencing short-term gains, especially in rising wages, they are not seeing more long-term ones, like full-time employment and schedule stability.

So, while wages may be going up, employee satisfaction or security remains at a low ebb, and many of the recent labor actions that have received national coverage, such as the grocery chain King Scooper’s strike last month, are centered not over pay but over demands for things like full-time employment. Additionally, with private sector union membership continuing its historic decline, many workers, such as Chipotle workers or those working through the DoorDash delivery app both featured in the Times’s story, lack any bargaining power or in some cases even recognition that they are employees of the company.

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The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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