Putting Workers First Resource Page

Jan 12, 2020

The Department of Labor finalizes an interpretive regulation about the joint employer standard that will make it more difficult for workers to win remedies for wage theft.

Trump's DOL finalized a rule that interprets the joint employment standard under the FLSA in a manner that makes it exceedingly difficult to hold large companies jointly liable for violations like wage theft, adherence to child labor laws, and other wage and hour regulations, even when their actions contribute to the violations.
This rule will encourage large corporations to outsource even more jobs than they already do, especially in low-wage sectors, and gives them less responsibility to ensure that workers are being properly paid. Small businesses will also suffer as they will be solely liable for violations that they are not solely responsible for perpetrating.

DOL, Joint Employer

Dec 17, 2019

EEOC repeals guidance that protects workers from forced arbitration of their civil rights claims.

The EEOC has revoked a policy guidance established over 20 years ago that stated that forced arbitration clauses that prevent workers from bringing discrimination claims to court conflict with the civil rights laws the agency is charged with enforcing.
The EEOC implements laws that protect workers against discrimination based on characteristics such as race, age, and religion. Without this EEOC guidance, workers will be forced to arbitrate even more cases of discrimination they bring against their employers, losing their access to the courts.

EEOC, forced arbitration

Dec 17, 2019

Trump’s NLRB rules that employers can restrict employees use of email.

The NLRB's union-busting brigade charges on with the reversal of an Obama-era regulation that afforded workers the right to use email and other information technology for non-work related use in the workplace.
This decision allows employers to restrict employee actions that may require tech. For example, an employer can stop it's workers from using email during the only hours that they are available to correspond about union efforts.

NLRB, technology

Dec 17, 2019

The NLRB invalidated a rule that gave workers power to speak out against employer violations.

The previous rule gave workers the right to discuss workplace investigations unless there was evidence that doing so would hurt the pending investigation.
This rule will make it easier for employers to silence workers that speak out against mistreatment on the job.

NLRB

Dec 16, 2019

Trump’s NLRB overturns Obama regulation that required continued dues collection during collective bargaining even if the contract has expired.

The NLRB will now allow employers to stop collecting and remitting union dues once a collective bargaining agreement has expired.
Without the automatic collection of dues from a workers paycheck, the dues process can become complex for workers and potentially costly to them in the long run.

NLRB, Unions

Dec 13, 2019

Trump’s NLRB finalizes rule to slow down union election process.

In 2014, the Board issued a regulation that expedited parts of the union election process. The new rule delays several deadlines that will allow employers more time to pressure workers into voting against unionizing.
The Board has given employers more time to try to defeat unionization using all sorts of high-pressure and procedural tactics.

NLRB, Unions

Dec 12, 2019

Trump’s NLRB approves a deal relieving McDonald’s Corporation of any liability for the legal violations of its franchisees that were allegedly directed by the Corporation.

The NLRB vacated a 2018 decision that rejected a settlement of charges filed against fast-food giant McDonald's. The NLRB rejected any notion of joint employer liability in this case.
The Trump Administration continues to scale back the joint employer doctrine, helping large corporations escape liability.

Joint Employer, NLRB

Dec 05, 2019

Immigration enforcement in the workplace has quadrupled under the Trump administration.

In the past two years, ICE investigators have initiated four times the number of immigration workplace investigations; up to 6812 cases in 2019 compared to 1701 in 2016. The agency has been so busy raiding workplaces that there has been a decrease in other probes that the agency is responsible for like gang and financial crimes.
In spite of the increased actions against workers, there hasn't been any visibly increased use of enforcement actions against employers.

Immigrant Workers, Immigration

Dec 03, 2019

Trump’s NLRB considering altering supervisor test in order to disqualify more workers from union eligibility.

After nursing home workers in Pennsylvania were granted the right to vote on joining their local union, the NLRB expressed concern about the supervisor test that allows workers like these to be union eligible. In order to be categorized as a supervisor under the NLRA, workers must have the authority to fire, hire, or discipline subordinate employees.
If the NLRB changes the standards for the supervisor test, fewer workers will be eligible for unionization, weakening their ability to band together to have a voice on the job.

NLRB, Unions

Nov 22, 2019

Trump’s DOL attempts to dodge discrimination law by no longer collecting pay data information from federal employers.

The Office of Federal Contract Compliance Programs (OFCCP) announced that it will no longer collect EEO-1 pay data information - demographic data that is often used to identify discrimination - from federal employers.
This is yet another example of how Trump's DOL continues to protect employers and not employees. Refusing to collect EEOC-1 data is an underhanded method of allowing federal employers to skirt pay discrimination laws.

DOL, Federal Workforce, Jobs

Nov 06, 2019

DOL misused appropriated funding to back an employer-friendly apprenticeship program.

After testifying before Congress that existing funding would not be used to finance the Industry-Recognized Apprenticeship Program (IRAP), a new apprenticeship program championed by the White House, DOL has admitted that it did, in fact, use $1.1 million in funds appropriated for another program to fund IRAP.
IRAP is a controversial program because it allows employers and industries to set standards which were previously set by DOL. It will lack the wage, safety, and civil rights protections to which traditional recognized apprenticeship programs must adhere.

Conflict of Interest, DOL

Oct 31, 2019

President Trump rescinds an Executive Order that protected federal contract workers when a new contractor is hired to continue the same work they are doing.

Previously, successor contractors had to give current qualified federal contract employees the right of first refusal on position under a new contract before the employer could hire another worker to fill it. That protection no longer exists.
Federal contract workers, especially those who work on long-term tasks or projects, have dramatically decreased job security and are more vulnerable to unemployment.

DOL

PUTTING WORKERS FIRST?

The Department of Labor finalizes an interpretive regulation about the joint employer standard that will make it more difficult for workers to win remedies for wage theft.

EEOC repeals guidance that protects workers from forced arbitration of their civil rights claims.

Trump’s NLRB rules that employers can restrict employees use of email.

The NLRB invalidated a rule that gave workers power to speak out against employer violations.

Trump’s NLRB overturns Obama regulation that required continued dues collection during collective bargaining even if the contract has expired.

Trump’s NLRB finalizes rule to slow down union election process.

Trump’s NLRB approves a deal relieving McDonald’s Corporation of any liability for the legal violations of its franchisees that were allegedly directed by the Corporation.

Immigration enforcement in the workplace has quadrupled under the Trump administration.

Trump’s NLRB considering altering supervisor test in order to disqualify more workers from union eligibility.

Trump’s DOL attempts to dodge discrimination law by no longer collecting pay data information from federal employers.

DOL misused appropriated funding to back an employer-friendly apprenticeship program.

President Trump rescinds an Executive Order that protected federal contract workers when a new contractor is hired to continue the same work they are doing.

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