In a recently filed lawsuit, the College Basketball Players Association (CBPA) has accused the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” In so doing, the CBPA alleges the NCAA has illegally benefitted from the work of college athletes without giving them the income or benefits they would otherwise be entitled to. They have filed a charge with the National Labor Relations Board (NLRB) to have them investigate the issue, with the intent of changing the existing law.
A critical part of the process of unionizing is holding what is known as a union election. Without it, you cannot legally form a union in the United States, and you cannot move forward with negotiating with your employer collectively. But what exactly is a union election, and how do you go about holding one in your workplace?
The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.
Sexual harassment is a sadly common phenomenon seen in workplaces throughout New York and the rest of the country. Despite how common it is, though, not everyone recognizes sexual harassment when they see it. Here are some of the most common forms of sexual harassment seen in workplace settings:
Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors:
The Occupational Safety and Health Administration (OSHA) has announced that it has begun the process to create an Emergency Temporary Standard that will require large employers to institute vaccination and testing procedures for COVID-19. The rule, if it successfully goes through the administrative process, would potentially result in mandatory vaccination for any affected companies, with weekly testing for anyone who cannot or will not be vaccinated. Early proposals for the rule also include potential fines for anyone who defies this mandate, as well as tax credits to help employers in complying with the new rule.
As technology has advanced, it has become more and more common for employers to electronically monitor employees in the workplace. In addition, the tools that employers have to monitor employees have become more sophisticated, allowing extensive tracking of an employee’s activities throughout the workday. But are there any limits on this authority, and what can happen when an employer crosses the line?
New York State has announced that it will be requiring all healthcare workers to receive a vaccination against COVID-19 infection. This requirement affects all healthcare workers at hospitals and long-term healthcare facilities, including nursing homes and assisted living facilities. This requirement is intended to help protect both workers and patients who are at high risk of coronavirus infection.
Suffice it to say that most employers do not like the idea of their workers unionizing. In order to prevent their workers from organizing a union, they will go to extreme lengths to sabotage labor organizing efforts, sometimes in violation of the law. Here are just five of the ways that employers will break the law when trying to stop a labor union from organizing: Continue reading “Five Ways Employers Illegally Interfere With Labor Organizing”
The California State Attorney General has sued Activision Blizzard, a major game publisher, for sexual harassment and discrimination against female employees. The company is accused of having a “pervasive ‘frat boy’ culture” in which women were consistently subjected to derogatory comments and offensive humor, and where men were regularly promoted over their female peers. The company initially denied the allegations, but has since moderated its stance due to a public backlash. Continue reading “Activision Blizzard Sued Over Allegations of Widespread Discrimination”