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economic policy institute
US Labor Board Bans Captive Audience Meetings to Ensure 'Truly Free' Worker Choice
"Today's decision better protects workers' freedom to make their own choices in exercising their rights," said the chair of the National Labor Relations Board.
Nov 13, 2024
In a decision that advocates say will likely be reversed during the second administration of Republican U.S. President-elect Donald Trump, the National Labor Relations Board on Wednesday ruled that employers cannot force workers to attend anti-union speeches.
The NLRB's 3-1 decision in Amazon.com Services, LLCmeans that workers will no longer have to take part in so-called "captive audience meetings," which employers often use as a union-busting tool and a form of coercion. The agency explained that such meetings violate Section 7 of the National Labor Relations Act "because they have a reasonable tendency to interfere with and coerce employees."
"However, the board made clear that an employer may lawfully hold meetings with workers to express its views on unionization so long as workers are provided reasonable advance notice of: the subject of any such meeting, that attendance is voluntary with no adverse consequences for failure to attend, and that no attendance records of the meeting will be kept," the NLRB added.
NLRB Chairperson Lauren McFerran, a Democrat, said in a statement that "ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act."
"Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal," McFerran added. "Today's decision better protects workers' freedom to make their own choices in exercising their rights under the act, while ensuring that employers can convey their views about unionization in a noncoercive manner."
In April 2022, the NLRB's general counsel office issued a memo asserting that captive audience meetings are illegal. At least 11 states have banned such meetings. Other states are in various stages of considering or enacting bans or restrictions on them.
Workers' rights advocates hailed Wednesday's decision, although labor journalist Hamilton Nolan quipped on social media that employees should "enjoy this brief shining period before the Trump NLRB reverses this decision."
However, More Perfect Union producer Jordan Zakarin argued that Democrats can protect this "monumental win for labor" for "the next few years" if "they finally confirm" President Joe Biden's nomination of Joshua Ditelberg—a Republican lawyer who has represented companies including Amazon, Airbnb, and UnitedHealth—to fill the fifth NLRB seat.
According to the Economic Policy Institute (EPI)—a Washington, D.C.-based, pro-union think tank—U.S. employers spend an estimated $433 million per year on union-busting consultants.
"This reality makes it harder for workers to fight for their collective bargaining rights because they do not know the extent of their companies' investments in union-busting, a figure that could empower them at the negotiating table when employers claim they can't afford to increase pay and benefits," EPI said last year.
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Report Warns Trump Would Likely Worsen GOP's Assault on Child Labor Laws
"It's really urgent that we address our federal standards and raise them for children across the country," a co-author said.
Oct 16, 2024
A number of mostly Republican-controlled states have weakened child labor protections in recent years and a second Trump administration would likely escalate the deregulatory push, as per plans laid out in Project 2025, according to a report released Wednesday.
The 55-page report, Protecting Children From Dangerous Work, was prepared by Governing for Impact, the Economic Policy Institute, and Child Labor Coalition. It includes harrowing stories of teenagers killed on the job, documents right-wing plans for increased minor involvement in dangerous work, and calls for action by the U.S. Labor Department to strengthen and codify legal protections for workers under age 18.
Child labor violations in the U.S. nearly quadrupled between 2015 and 2022, according to Labor Department data.
The new report documents right-wing efforts to loosen child labor protections, particularly in the past four years, during which time lawmakers in 30 states have moved to do so. At least eight states—Florida, Idaho, Indiana, Iowa, Kentucky, Minnesota, Missouri, and West Virginia—have tried to roll back protections on child labor hours or hazardous work just since the start of 2023, the report says.
"At the time when we're seeing violations on the rise, and we're simultaneously seeing states go back on their commitment to raising standards to be above federal minimums, I think it's really urgent that we address our federal standards and raise them for children across the country who may be working in hazardous environments or in an environment that is not appropriate for someone of their age," Nina Mast, an analyst at the Economic Policy Institute and a co-author of the report, toldThe Guardian.
The policy agenda of Project 2025, a 920-page manifesto which many observers consider a blueprint for a second Trump administration, includes explicit mention of child labor issues. Many of the authors worked for Republican presidential nominee Donald Trump during his first administration.
The chapter on the Labor Department, written by Jonathan Berry, who himself worked in the department under Trump, says that "some young adults show an interest in inherently dangerous jobs" and that "with parental consent and proper training, certain young adults should be allowed to learn and work in more dangerous occupations."
The right-wing push to deregulate child labor has led several states to adopt laws that are below federal standards established by the Fair Labor Standards Act, leading to confusion for employers and employees, the new report says.
Agriculture is a sector where child labor is particularly common and is subject to its own regulations. The Obama administration tried to push through legal protections for minors in the sector in 2012 but met with major resistance from industry groups.
Still, even without further action from Congress, the Labor Department has the authority to strengthen protections for minors in agriculture and other sectors, the report authors argue. In the 2000s, the National Institute for Occupational Safety and Health issued a series of recommendations on child labor, some of which the department didn't implement—but still could, they wrote.
A detailed investigation by The New York Times last year showed that much of the exploitation of child labor, both in farms and factories, is targeted at migrants.
The new report cites a particularly awful example of the dangers of such exploitation. In July 2023, Duvan Thomas Pérez, a 16-year-old, was working as a cleaner at a chicken processing plant in Mississippi—as he did on nights after school—when a moving component of a machine drew him in and killed him. He was employed in violation of current law, the report says, pointing to the need for better enforcement of the rules already on the books.
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'Wowza': Economy Added 254,000 Jobs Under Biden-Harris in September
"This labor market," said one economist, "is the result of policy choices that prioritized full employment—as it turns out putting people first, works."
Oct 04, 2024
Friday's job report from the Bureau of Labor Statistics offered a "better than expected" picture of job growth as federal unemployment hit 4.1% and more than a quarter-million people were added to the payroll last month alone.
In what ABC Newsnoted was "one of the last major pieces of economic data before the presidential election," the jobs report offered an indication of economic strength—a possible boon to outgoing President Joe Biden's legacy and a political advantage to Democratic presidential nominee Vice President Kamala Harris ahead of November 5.
"U.S. hiring surged in September," the news outlet reported, "blowing past economist expectations and rebuking concern about weakness in the labor market."
Former Labor Secretary Robert Reich responded to the new data Friday morning by pointing out that "more jobs have been created during the Biden-Harris presidency than during any single presidential term in history."
Donald Trump "doesn't often tell the truth, but he was right about this," added Reich, who quoted the GOP presidential candidate in 2004 admitting that "the economy does better under the Democrats than the Republicans."
More jobs have been created during the Biden-Harris presidency than during any single presidential term in history.
Trump doesn't often tell the truth, but he was right about this:
"The economy does better under the Democrats than the Republicans." — Donald Trump in 2004 pic.twitter.com/32XQnqbbb1
— Robert Reich (@RBReich) October 4, 2024
"Wowza," said economist Justin Wolfers, a professor at the University of Michigan and a senior fellow at the Brookings Institute, in response to Friday's report.
Mentioning how payrolls grew by over 254,000 in September—"well above expectations"—and that large upward revisions were made to the August and July payroll numbers, Wolfers said the overall picture shows an "economic expansion that is motoring along."
September jobs report: US economy adds 254,000 jobs vs. 150,000 expected pic.twitter.com/fUZvzx8tuK
— Yahoo Finance (@YahooFinance) October 4, 2024
"It was 'wow' across the board, much stronger than expected," Kathy Jones, chief fixed income strategist at Charles Schwab, toldCNBC. "The bottom line is it was a very good report. You get upward revisions and it tells you the job market continues to be healthy, and that means the economy is healthy."
Pointing to a recent analysis by her colleague Josh Bevins, Economic Policy Institute (EPI) economist Hilary Wething on Friday credited the strong performance represented by the new jobs numbers as the result of specific policies by the administration.
"You might think we just magically stumbled upon a consistently strong labor market—but no, this labor market is the result of policy choices that prioritized full employment—as it turns out putting people first, works," said Wething.
Elise Gould, a senior economist at EPI, also championed the "strong" figures:
In a blog post on Thursday, ahead of Friday's report—Gould detailed the strength of the labor market, despite the real pain that many workers and families still feel in their day to day lives:
It is indisputable that the U.S. labor market is strong. The share of the population ages 25–54 with a job is at a 23-year high, median household incomes rose 4.0% last year, and real wage growth over the last four years has been broad-based and strong. The economy has not only regained the nearly 22 million jobs lost in the pandemic recession, but also added another 6.5 million.
Are some folks still having a hard time? Absolutely. Even when the unemployment rate is low, there are still sidelined workers, and it remains difficult for many families to make ends meet on wages that are still too low. Unfortunately, that's a long-term phenomenon stemming from a too-stingy U.S. welfare state, rising inequality, and the legacy of anemic wage growth during past economic recoveries. But when comparing the labor market with four years ago (during the pandemic recession) or even before the pandemic began, the answer is clear: More workers have jobs and wages are beating inflation by solid margins.
With the Federal Reserve easing interest rates, in part based based on the strength of the hiring trends alongside lower inflation, Friday's jobs report was welcomed as a show of strength for progressives who have argued since the Covid-19 pandemic that pro-worker policies—as opposed to endless fealty to the demands of corporate powers and Wall Street—alongside public investments can work together to create strong economic foundations for the nation.
"Today's strong jobs report confirms once again that we never had to throw millions of people out of work to tame inflation," said Kitty Richards, a senior fellow with the left-leaning Groundwork Collaborative.
"Thanks to big investments in [pandemic] relief, manufacturing, and green energy, inflation is low, and the economy is still delivering for workers," Richards said. "The pundits who said we couldn't have low unemployment, growing wages, and stable prices at the same time have been proven wrong."
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