labor law

Labor Day may celebrate the historical contributions of the American labor movement, but the future of the movement is in question. “Unions are under siege,” says labor and employment law expert Marion Crain, JD, the Wiley B. Rutledge Professor of Law at Washington University in St. Louis. “In the public sector, governors seeking to slash budgets are de-authorizing state labor laws that govern the organizing and bargaining rights of state employees. In the private sector, both the federal legislation that supports union action and the administrative body that enforces the law are under attack. Union density is on a dramatic downswing.” At the same time, wage inequality has not been higher since the Great Depression.

Workers who have limited rights and are exposed to significant hazards and injuries might sound like something out of a Victorian novel, but it’s a reality for paid domestic service employees who perform tasks such as cleaning, cooking, childcare and care of the elderly. “Domestic employees face a variety of workplace hazards when working in clients’ homes, including exposure to harmful cleaning chemicals, verbal and physical abuse and injuries caused by lifting and moving clients with limited mobility,” says Peggie Smith, JD, employment law expert and professor of law at Washington University in St. Louis.

Wisconsin Gov. Scott Walker’s move to strip or significantly narrow his state’s public-sector workers’ collective bargaining rights has significant implications for all unionized workers, both in the public and private sector, says Marion Crain, JD, the Wiley B. Rutledge Professor of Law at Washington University in St. Louis and director of the Center for the Interdisciplinary Study of Work & Social Capital.

Is she safe to hire?Companies with 500 employees or more can expect to be sued for discrimination at least once a year, and the cost to defend the accusation can cost as much as $15,000, even if the allegation is found to be without merit. The Civil Rights Act of 1991 (CRA-91) held great promise for protecting workers from discrimination in the workplace, but the potential cost of litigation makes some firms wary of hiring minorities. A business professor at Washington University in St. Louis has come up with a plan to circumvent potential lawsuits in a way that benefits both employers and employees.

President George W. Bush’s recent push for the establishment of an ownership society features partial privatization of Social Security by diverting a portion of the payroll tax into individual accounts. “Privatizing Social Security is a dangerous idea,” says Merton Bernstein, a nationally recognized expert on Social Security. “Despite widespread criticism and misunderstanding, Social Security is in good shape for the future and its funding can be made solid by modest measures. In contrast, privatization would cost $3.75 trillion.”

Bernstein”The settlement of the grocery strike in St. Louis sends conflicting messages to the parties involved in similar strikes in California, West Virginia, Ohio and Kentucky,” says Neil Bernstein, an expert in labor law and legal issues relating to striking workers and a professor of law at Washington University in St. Louis. “In St. Louis, the Union did achieve an important victory in convincing the employers to eliminate the annual deductibles that they tried to impose for the first time. On the other hand, the contract requires them to make larger co-payments for doctor visits and prescription drugs.”

“The recent strikes by grocery workers in Missouri, California and West Virginia are indicative of a general economic dissatisfaction that could potentially expand into a broader confrontation between labor and management,” says Neil Bernstein, an expert in labor law and legal issues relating to striking workers and a professor of law at Washington University in St. Louis, is closely following the grocery strikes.