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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With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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