Egan, Lev & Siwica, P.A.

HERE’S AN IDEA

“Want to stop wildfire catastrophes? Pay firefighters more.”

Oh yeah, the job is dangerous too: “The wildfire approached and both operators left their equipment to escape on foot. Both operators, Joshua Burch and Brett Fulton, were overtaken by fire and perished.“ (https://tinyurl.com/3xr4ppru).

Opinion | We Are Running Out of Firefighters at a Perilous Time Now would be a good time for Congress to pass a federal spending bill to make a permanent pay increase a reality.

70% HAVE FAVORABLE VIEWS OF UNIONS

A strong majority of Americans continue to view labor unions in a positive light, according to a new Gallup survey released Wednesday. Seventy percent of respondents said they hold a favorable view of unions, up slightly from 67% in 2023. Only 23% said they disapprove of unions.

Labor Unions Haven't Been This Popular In Almost 60 Years, New Poll Shows A new Gallup survey shows the popularity of unions isn’t fading.

WHILE WERE SLEEPING

“Tuesday’s order only enjoins one specific ULP case against SpaceX, it is an unmistakable sign that the company’s effort to eliminate the agency has found a friendly forum.”

Tracking Attacks on the NLRB: Texas Judge Endorses Constitutional Challenge ✦ OnLabor John Fry on a district court decision which suggests that the agency should be abolished.

PROJECT 2025 GOES AFTER 40 HOUR WORKWEEK

We now have 40 hour workweeks, after which employees receive overtime pay (it is slightly different for public safety employees). However, one of the Project 2025 recommendations is to go to a 160 hour work period. If Project 2025 is implemented, and your employer can adjust your work schedule during the 160 hour work period to avoid overtime, employees are going to see pay cuts. (Page 592 of Project 2025). For this reason alone, employees should have their work schedules protected by a contract.

Policy | Project 2025 This book is the product of more than 400 scholars and policy experts from across the conservative movement and around the country. Contributors include former elected officials, world-renowned economists, and veterans from four presidential Administrations. This is an agenda prepared by and for con...

BC affiliates petition Canadian Government on PFAS ban - IAFF Initiated by British Columbia Professional Fire Fighters Association (BCPFFA) President Todd Schierling, along with Burnaby Local 323, New Westminster Local

DID YOU KNOW THAT . . . .

“About 30,000 Florida teachers gathered at the Tangerine Bowl in Orlando in 1967 to plan a statewide walkout the following year. About half the teachers in the state attended. The 1968 action by Florida teachers became the first statewide teacher strike in the US, and it paved the way for collective bargaining rights to be written into the new Florida Constitution, written in 1968.”

(https://www.wlrn.org/wlrn-investigations/2024-02-15/florida-labor-union-membership-teachers-public-sb-256)
. . . In 1974 the Florida Supreme Court ordered the Florida Legislature to implement legislation giving effect to the constitutional right of state and local government employees’ to unionize and bargain. In the most recent session, the Legislature required public employees (except for fire/LEO/corrections unions) to maintain a supermajority of 60% paid membership, and at the same time prohibited dues remittance by existing voluntary payroll checkoff procedures.

npr.brightspotcdn.com

LAKELAND RETAIL WORKERS UNIONIZING

H&M retail workers in Lakeland seek to unionize A vote in favor of unionization would make this Florida’s second unionized H&M location.

POLITICAL COURAGE

“Tax hike will pay for 163 more firefighters and four new fire stations.”

Orange raises tax for fire department, emergency services for first time in 17 years Tax hike will raise an extra $69.1 million in 2024-25 to pay for 163 more firefighters and four new fire stations.

IT COULD HAVE BEEN WORSE

In case you missed it, in “a blow to the National Labor Relations Board, the justices [in an 8-1 opinion] made it more difficult to order employers to reinstate fired workers.” OnLabor writes that, “It’s Déjà Vu at the Supreme Court.” (https://onlabor.org/its-deja-vu-at-the-supreme-court/)

Supreme Court, in Starbucks Ruling, Curbs Labor Regulator’s Authority In a blow to the National Labor Relations Board, the justices made it more difficult to order employers to reinstate fired workers.

FUN WITH PREEMPTION

If states were able to deny economic redevelopment money to companies that agreed to voluntarily recognize employee’ desire to unionize, “here’s a (very incomplete) list of what states might require corporations to do to qualify for economic development money.”

Hey ALEC, Be Careful What You Wish For ✦ OnLabor Ben Sachs on ALEC's model statute conditioning economic development incentives on corporations' compliance with state-mandated labor practices - now the law in Tennessee.

FLORIDA JOINS LAWSUIT AGAINST FARMWORKER ORGANIZING RIGHTS

Florida “and 16 other states with Republican attorneys general have sued to halt a Biden administration rule adding protections for foreign farmworkers organizing for better working conditions.”

“That rule, which takes effect June 28, aims to boost the ability of farmworkers on H-2A seasonal work visas to organize collectively on work conditions even though [farmworkers] are exempt from the National Labor Relations Act. That statute guarantees private sector workers’ right to organize unions.”

“The rule includes restrictions on employer-mandated ‘captive audience’ meetings that attempt to dissuade labor organizing, clarifies protections requiring ‘just cause’ for disciplinary action, and guarantees workers can invite outside organizations onto employer-provided housing.”

Here’s the lawsuit:

https://www.bloomberglaw.com/public/desktop/document/StateofKansasetalvTheUnitedStatesDepartmentofLaboretalDocketNo224?doc_id=X9BALT8JKB8NHAJENKV29R0GN5

Bloomberg Law

A union thing . . .

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“ALABAMA . . . YOU GOT THE WEIGHT ON YOUR SHOULDERS”

- Neil Young

“Over 5,000 auto workers at the Mercedes-Benz assembly plant in Vance, Alabama, have been holding their union election vote with the United Auto Workers (UAW); ballots will be counted when voting closes today.”

The unionization fight is coming to the South Workers at a Mercedes-Benz plant in Alabama are on their last day of voting for a UAW union. Here’s why it matters.

FIREFIGHTERS IN ACTION

"At Disney Springs, firefighter/paramedics from the Central Florida Tourism Oversight District Fire Department responded to a 911 call and provided life-saving care to the puppies, running IV lines, providing oxygen and applying cooling packs, said Matthew Thomas Oberly, District spokesperson."

"In an email, Oberly said the three pups, Rose, Jordan and Rosina, each adopted and named by a firefighter, 'are said to be doing well and enjoying their new lives with their life-saving and life-changing families.'”

Owner leaves 4 ‘Bernedoodles’ in hot vehicle while dining at Disney, may face charges A fourth pup died, and the dogs’ owner may face animal cruelty charges. Animal Services officials say it takes no time at all for a car left in Florida’s heat to pose a danger to pets.

PRIVATE SECTOR SHIFTS ECONOMIC BURDEN TO PUBLIC SECTOR

“The 911 call came just before 8 a.m., and Ladder 5′s four-man crew scrambled to the truck just as their overnight shift was about to end. It was the kind of call that [a] veteran firefighter . . . said he dreaded. It was not a heart attack, or a car crash or a building fire. It was a ‘lift assist’ at Heritage Woods, a local assisted.”

Senior homes refuse to pick up fallen residents, dial 911. ‘Why are they calling us?’ Cities are frustrated by 911 calls from senior facilities to help residents off the floor or toilet. Some are now charging fees, but facilities keep calling.

2028, MAY BE A HISTORIC MAY DAY

We Might Be 4 Years Away From A Historic May Day Union activists want to lay the groundwork for large-scale strikes in 2028. That'll require planning now.

VALUES?

“The governors of six Southern states warned workers that joining the United Auto Workers (UAW) union would threaten their job security and the ‘values we live by.’”

Southern governors: Joining UAW would threaten jobs, ‘values’ The governors of six Southern states warned workers that joining the United Auto Workers (UAW) union would threaten their job security and the “values we live by.” The joint statement, signed…

“SEISMIC VICTORY”

“Workers at Volkswagen's new Tennessee plant have voted to join the United Auto Workers, in a seismic victory for the union as it drives beyond its Detroit base into the U.S. South and West. A majority of eligible workers cast ballots in favor of the union, with the final tally on Friday at 2,628 to 985, or 73% for” union representation.

More: “Workers at a Mercedes plant in Vance, Alabama are set to vote on whether to join the UAW in mid-May. Shawn Fain, the UAW president, is also targeting Tesla, whose boss, Elon Musk, has vigorously fought unionization efforts.” (https://www.theguardian.com/us-news/2024/apr/19/volkswagen-unionize-uaw-tennessee)

UAW wins big in historic union vote at Volkswagen Tennessee factory Workers at Volkswagen's Tennessee plant have voted to join the United Auto Workers, in a seismic victory for the union as it drives beyond its Detroit base into the U.S. South and West.

FLSA TO EXPAND ACCESS TO OVERTIME

“The Office of Management and Budget has concluded its review of a Department of Labor rule that would raise the exemption threshold for overtime eligibility under the Fair Labor Standards Act. While currently, salaried workers making roughly $35,568 or lower are owed overtime for any work above 40 hours per week, the new rule would raise that amount to about $55,000 or higher. Any work above 40 hours would be paid time-and-a-half, with exceptions for salaried workers in a ‘bona fide executive, administrative, or professional capacity.’ The rule, which would expand overtime protection to about three million workers, can now be published by the Department of Labor.”

News & Commentary: April 12, 2024 ✦ OnLabor The EEOC weighs in on an anti-discrimination lawsuit against Workday; a rule expanding overtime protection moves closer to publication; Amazon decreases spending on anti-union consultants.

SCOTUS MAINTAINS ACCESS TO COURT FOR EMPLOYMENT CASES

“The U.S. Supreme Court on Friday paved the way for more truck drivers and other transportation workers to file employment-related lawsuits in court rather than private arbitration, ruling that an exemption from arbitration extends to workers outside of the transportation industry. . . .”

“The justices, in a 9-0 ruling, threw out a lower court's dismissal of proposed class action litigation by . . . a delivery driver for . . . Wonder Bread maker Flowers Foods. . . .”

“The ruling faulted a 2022 decision by the New York-based 2nd U.S. Circuit Court of Appeals that the exemption from arbitration for transportation workers involved in interstate commerce did not apply to [the] case because the company's customers were purchasing bread and not transportation services.”

"A transportation worker need not work in the transportation industry to fall within the exemption," conservative Chief Justice John Roberts wrote for the court.”

US Supreme Court lets broad array of transport workers sidestep arbitration The U.S. Supreme Court on Friday paved the way for more truck drivers and other transportation workers to file employment-related lawsuits in court rather than private arbitration, ruling that an exemption from arbitration extends to workers outside of the transportation industry.

FLORIDA BANS LOCAL WORKER SAFETY, MINIMUM WAGE RULES

“Without fanfare and after business hours, Gov. Ron DeSantis signed a law that prevents local governments from requiring worker protections from heat exposure and forbidding them to impose minimum wage requirements on contractors.”

“The bill, backed by business groups, was fiercely debated and received final approval from the House and Senate on March 8, the final day of the session.”

“DeSantis’ office revealed that he had approved the measure (HB 433) in a news release without comment on Thursday night. For much of his administration, including Friday, the governor has held news conferences to celebrate bill signings. . . .”

“The heat restrictions came after the Miami-Dade County Commission last year considered a proposal to require construction and agriculture companies to ensure that workers have access to water and to give them 10-minute breaks in the shade every two hours when the heat index is at least 95 degrees.”

“The bill also would prevent local governments from mandating wages paid by contractors. . . .”

“The law will negate Orlando’s Responsible Contractor Policy, which requires businesses with city contracts worth at least $100,000 to pay workers at least $15 per hour.”

DeSantis OKs law forbidding local governments from setting heat-exposure rules for workers Without fanfare and after business hours, Gov. Ron DeSantis signed a law that prevents local governments from requiring worker protections from heat exposure and forbidding them to impose minimum w…

MANAGEMENT LABOR LAWYERS REPLACED BY CHATBOTS

A NY city chatbot was recently asked, “‘Can I take a cut of my worker’s tips’ It replied ‘Yes, you can take a cut of your worker’s tips,’ and cited a city government website.

But in reality, . . . applicable law says: ‘bosses can’t take tips, although they may be able to count tips toward minimum wage requirements.’ The chatbot was then asked: ‘Do I have to inform staff about schedule changes?’ and again it gave the unlawful answer: ‘No, there are no specific regulations or requirements that mandate informing staff about schedule changes in New York City.’ The law actually dictates that workers in fast food and retail must be given significant notice of schedule changes.”

“A spokesperson for the city noted that the rollout is a pilot . . . .”

(https://onlabor.org/techwork-april-4-2024/)

News & Commentary: April 4, 2024 ✦ OnLabor In today’s Tech@Work, Amazon’s seemingly automated “Just Walk Out” grocery checkout is actually powered by low-wage workers; NYC’s AI chatbot makes suggestions that would break labor law; and unions engage in California rulemaking on worker privacy.

TIP FOR BARGAINING

Understand that when employees see medical providers outside the network, many insurance companies consult with third parties, which recommend “that the employer pay less than the provider billed. The difference between the bill and the sum actually paid amounts to a savings for the employer.” But, it also means big money for the third party “and the insurer, since both companies often charge the employer a percentage of the savings as a processing fee.” This scheme can be negotiated.

Insurers Reap Hidden Fees by Slashing Payments. You May Get the Bill. A little-known data firm helps health insurers make more when less of an out-of-network claim gets paid. Patients can be on the hook for the difference.

UNION CONTRACTORS CAN’T COMPETE WITH THIS

“A carpenter from Guatemala City who had shifted around different living situations on Long Island for more than a decade, went looking for money he was owed for a job . . . he had found the work at a roundup one morning in the parking lot of the 7-Eleven in Southampton. Throughout the final week of the year, he visited the lot several times in the late afternoons, when painters and millworkers, handymen and others in the building trades are dropped off at the end of the workday. He hoped to find the contractor who had neglected to pay him and collect what he was due.”

“Whether he managed to get the cash is unclear, but at the end of his mission, Mr. Teo Gomez set out to visit his brother 17 miles away in Riverhead. Although they had been living together for a time, Mr. Teo Gomez’s home was now an encampment in the woods in Bridgehampton.”

The Perilous Existence of a Hamptons Day Laborer In the shadow of opulent mansions, workmen spend their winters living in the woods. Julio Florencio Teo Gomez was one of them.

NEVER A DULL MOMENT

THAT BARGAINING THING

"A Florida Public Employment Relations Commission (PERC) hearing officer recently sent the panel a recommendation in support of the faculty union’s concerns — acknowledging that FSU committed unfair practices and recommending that the university be required to reimburse the union for legal expenses."

FSU is alleged to have implemented, without first bargaining with the union, "a measure signed into law by Gov. Ron DeSantis [that] requires tenured faculty in Florida’s public universities to go through a comprehensive post-tenure review process every five years."

This amounts to going through the tenure process every five years, on top of the normal constraints on employee job security.

Florida State faculty union accuses university of ‘unfair labor practices’ A Florida PERC officer says FSU committed the unfair practices and recommends that the FSU be required to reimburse the union for legal expenses.

UNION LAWYER NOMINATED BY BIDEN IS CONFIRMED

Nicole Berner, a longtime labor lawyer and general counsel of the Service Employees International Union (SEIU), was confirmed to serve on the U.S. Court of Appeals for the Fourth Circuit.

AFSCME congratulates Judge Nicole Berner on winning Senate confirmation AFSCME President Lee Saunders congratulated Nicole Berner, a longtime labor lawyer and general counsel of the Service Employees International Union (SEIU), on being confirmed to serve on the U.S. Court of Appeals for the Fourth Circuit.Berner started her new job Wednesday, one day after securing the...

OF COURSE HE WAS A TRUMPET PLAYER

The most famous union leader you’ve never heard of.

“Chicago-born James Caesar Petrillo was arguably one of the most colorful, powerful and controversial labor leaders of the 20th century. . . . Petrillo, as President of the American Federation of Musicians, ruled the nation's professional musicians with an iron fist from 1940 to 1968. . . .

From the late 1930's until the the early 1960's Jimmy Petrillo was a national figure . . . He made the cover of Time Magazine as the man who twice pulled professional musicians from the nation's recording studios for extended periods. He made the pages of Life as the man who, along with President Harry Truman, gave the tune "Hail, Hail, the Gang's all Here" its most memorable (and probably worst) rendition.”

(https://interactive.wttw.com/a/chicago-stories-james-petrillo)

Truman-Petrillo Duet (1954) Milwaukee, Wisconsin, USA. Cut story with American commentary. LS. Applause for Truman. MS. Former President Harry Truman at piano, James Petrillo with Trump...