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kpete

(71,996 posts)
Fri Aug 8, 2014, 09:29 AM Aug 2014

Obama Is on a Pro-Labor Roll-Just signed most important workers' rights reform of past 20 yrs

Obama Is on a Pro-Labor Roll
The president just signed the most important workers' rights reform of the past 20 years.
By Emily Bazelon

If you've been following President Obama's burst of enthusiasm for executive orders--I know it's August, but hey, you're reading this--you may have heard that he's been flexing his muscle on behalf of labor. Last month, Obama banned federal contractors from discriminating against gay workers. For that one, he won liberal kudos and conservative scolding for refusing to exempt employers that object on religious grounds. Obama got similar attention for his order in January raising the minimum wage for new federal contractors to $10.10 an hour.

So it's a little odd that the latest executive order in this bunch has gone virtually ignored (following a few dutiful daily news stories) even though it packs the biggest punch. "This is one of the most important positive steps for civil rights in the last 20 years," Paul Bland, executive director of Public Justice, a public-interest law group, says of the July 31 order. The employer-side law firm Littler Mendelson calls it "the most sweeping order to date" that the Obama administration has aimed at federal contractors. The trade group Associated Builders and Contractors is "strongly opposed" and says the order could create a federal contractor "blacklist."

What's this about? Bear with me for a minute, because there's a reason this one isn't lighting up TV screens or Twitter. It's important, but it's also kind of technical. The order, called Fair Pay and Safe Workplaces, does two things. It requires companies bidding for federal contracts worth more than $500,000 to make previous violations of labor law public, if they have any to report. That's a shaming device that the administration hopes will push companies to settle back wage claims and nudge them toward better behavior in the future.

The second part of the order is what Bland is so excited about. This provision says that companies with federal contracts worth more than $1 million can no longer force their employees out of court, and into arbitration, to settle accusations of workplace discrimination. "Here's why this is so important," Bland said when I asked him to explain. "For the last 20 years, the Supreme Court has been encouraging employers to force their workers into a system of arbitration that has been badly rigged against the workers. And so this order will result in millions of employees having their rights restored to them."



the rest:
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/08/obama_executive_order_on_mandatory_arbitration_huge_news_for_workers_rights.html?wpsrc=sh_all_tab_tw_top

42 replies = new reply since forum marked as read
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Obama Is on a Pro-Labor Roll-Just signed most important workers' rights reform of past 20 yrs (Original Post) kpete Aug 2014 OP
Awesome, now if he could do the same with Railway Labor Act cpamomfromtexas Aug 2014 #1
What, you think Obama will get credit for doing something good? riqster Aug 2014 #2
-1. "Baggers of all sorts." Not to be too sanctimonious, but... Have a donut: blkmusclmachine Aug 2014 #24
lol +1. n/t Jefferson23 Aug 2014 #26
K&R BumRushDaShow Aug 2014 #3
It is a shame that..... TheMick Aug 2014 #4
Well GOPer house and filibuster GOPers in senate Iliyah Aug 2014 #9
K&R stonecutter357 Aug 2014 #5
Good developments. On the "shaming device:" Eleanors38 Aug 2014 #6
You can't shame someone with no heart. zeemike Aug 2014 #40
"Shaming" is an over-worked social "policy" in any event. Eleanors38 Aug 2014 #41
Yep. zeemike Aug 2014 #42
Another distraction from Benghazi, obviously. Orrex Aug 2014 #7
Will it really work out that way? Or will it force suits to SCOTUS where they can do their valerief Aug 2014 #8
Probably. The GOP house are going forward with a lawsuit against Pres O Iliyah Aug 2014 #11
Anything pro-99% must be outlawed, I guess. nt valerief Aug 2014 #17
You're right. As Executive Orders go, this is a real doozy PatrickforO Aug 2014 #10
Only had time to read 1 and 2, but especially 2: YES!!!! This is a HUGE victory for workers... DesertDiamond Aug 2014 #12
K+R flamingdem Aug 2014 #13
Glad to read some good news about my president this week. n/t Orsino Aug 2014 #14
And when are they finally going to crack down on employers misclassifying workers as"independent kath Aug 2014 #15
K&R. Fundamental fairness and openness. Congress should have done this long ago. JDPriestly Aug 2014 #16
Kicking. Thank you. nt littlemissmartypants Aug 2014 #18
Except when it comes to public school teachers, CtDemoFarmer Aug 2014 #19
That's exactly right. I posted below about that. He's not backing off teachers' unions at all. madfloridian Aug 2014 #33
Thank you. nt woo me with science Aug 2014 #38
K&R! Tarheel_Dem Aug 2014 #20
KnR! sheshe2 Aug 2014 #21
Now that it's better to be a federal employee, I wanna be a pilot of one of them black helicopters. Spitfire of ATJ Aug 2014 #22
Well that certainly sounds good to me. nt navarth Aug 2014 #23
This being the most important workers' rights reform of the past 20 years and millions permanently jtuck004 Aug 2014 #25
"Here's why this is so important," .. Cha Aug 2014 #27
K&R emsimon33 Aug 2014 #28
Now if they will just back off teachers' unions, treat them respectfully. madfloridian Aug 2014 #29
Thanks for the good news! nt ZombieHorde Aug 2014 #30
Going to arbitration has been capitulation for labor for the last 25 years! Major Hogwash Aug 2014 #31
Oh, noes! The haters will be ticked off. Good on you, Obama! freshwest Aug 2014 #32
Thanks for passing on good news. KnR Hekate Aug 2014 #34
K&R Jamaal510 Aug 2014 #35
K&R n/t JTFrog Aug 2014 #36
I hope this helps, as arbitration has been a farce mdbl Aug 2014 #37
DU Rec...nt SidDithers Aug 2014 #39

cpamomfromtexas

(1,245 posts)
1. Awesome, now if he could do the same with Railway Labor Act
Fri Aug 8, 2014, 09:46 AM
Aug 2014

That would be a boon to the airline workers who cannot strike unless allowed to. Arbitration has hidden most of the airlines dirty laundry and kept that from the public as well. Not being allowed to strike has kept wages low. Arbitrary bankruptcies of convenience like the recent one with American Airlines have decimated retirements.

riqster

(13,986 posts)
2. What, you think Obama will get credit for doing something good?
Fri Aug 8, 2014, 09:54 AM
Aug 2014

Fuhgedaboutit. Baggers of all sorts will never be satisfied by anything the man does.

Not being a Bagger, I say, "Well done, Mister President!"

 

TheMick

(23 posts)
4. It is a shame that.....
Fri Aug 8, 2014, 10:31 AM
Aug 2014

......they are executive orders, which can be undone by any succeeding president.

Iliyah

(25,111 posts)
9. Well GOPer house and filibuster GOPers in senate
Fri Aug 8, 2014, 11:09 AM
Aug 2014

don't believe in the American way only the 1%ers way so therefore Mr. President needs to go that route and hopefully there will not be a GOP in the WH for years to come and hopefully DEMS can take back the house and keep the senate. When Dems are on control everyone benefits.

 

Eleanors38

(18,318 posts)
6. Good developments. On the "shaming device:"
Fri Aug 8, 2014, 10:43 AM
Aug 2014

If a company has a judgment against it, government entities should know this, and the company should pay the judgment. Not interested in the "shame" thing.

zeemike

(18,998 posts)
40. You can't shame someone with no heart.
Sat Aug 9, 2014, 09:23 AM
Aug 2014

And a corporation has no heart...so it means nothing to them...but looks good on paper.

 

Eleanors38

(18,318 posts)
41. "Shaming" is an over-worked social "policy" in any event.
Sat Aug 9, 2014, 10:46 AM
Aug 2014

After a while, esp. used in a personal context, you get results not anticipated: Dig in, double down, and deep resentment.

valerief

(53,235 posts)
8. Will it really work out that way? Or will it force suits to SCOTUS where they can do their
Fri Aug 8, 2014, 11:02 AM
Aug 2014

activist thing--you know, issue their usual unfair judgments and thus set precedence?

(Pardon my ignorance on these matters.)

Iliyah

(25,111 posts)
11. Probably. The GOP house are going forward with a lawsuit against Pres O
Fri Aug 8, 2014, 11:16 AM
Aug 2014

with impeachment on the table. As mentioned before, this is a pattern that the GOP party will repeatedly do whenever they are in the majority either in the house or senate and someone else is in the WH. GOP party believes that their GAWD is on their side and that a one party system is their goal pursuant to their lord. We must be saved from all the pro choice, pro marriage, pro independent thought.

PatrickforO

(14,576 posts)
10. You're right. As Executive Orders go, this is a real doozy
Fri Aug 8, 2014, 11:10 AM
Aug 2014

Putting the power of civil litigation back in the hands of people is a step that is LONG overdue.

DesertDiamond

(1,616 posts)
12. Only had time to read 1 and 2, but especially 2: YES!!!! This is a HUGE victory for workers...
Fri Aug 8, 2014, 11:27 AM
Aug 2014

I have been signing employment agreements for the past 20 years that include the stipulation that all disagreements must be settled by arbitration and not in court. That's not only to save attorney fees. As I found out last year via a friend whose dispute with her employer was in arbitration, this is the big secret: ARBITRATORS FAVOR THE SIDE THAT CAN GIVE THEM FUTURE BUSINESS. It is privatized "justice" which means that the arbitrator is an independent contractor who NEEDS MORE BUSINESS. It's always the employer that will give them more business. So it's always the employer who wins.

kath

(10,565 posts)
15. And when are they finally going to crack down on employers misclassifying workers as"independent
Fri Aug 8, 2014, 12:17 PM
Aug 2014

Contractors" in order to get out of paying benefits, workers comp, unemployment, and other protections?
That bullshit practice is rampant, and it really needs to stop.

CtDemoFarmer

(32 posts)
19. Except when it comes to public school teachers,
Fri Aug 8, 2014, 12:28 PM
Aug 2014

there he wants to destroy their due process rights and create a segregated educational system with publicly funded charter schools for some and under-funded public schools for the rest. He needs to change course or Democrats will be branded as anti-public school people, and this does not even talk about the Common Core and the testing, testing, testing that goes with it.

madfloridian

(88,117 posts)
33. That's exactly right. I posted below about that. He's not backing off teachers' unions at all.
Sat Aug 9, 2014, 02:30 AM
Aug 2014

In fact the attacks are escalating.

I notice someone below started the "haters" rhetoric.

Telling the truth is not "hating"....that's a childish term used way too often.

This administration has teachers' unions as their targets.

 

jtuck004

(15,882 posts)
25. This being the most important workers' rights reform of the past 20 years and millions permanently
Fri Aug 8, 2014, 10:12 PM
Aug 2014

out of work and luck is kind of sad as well.

Still hungry kids, people who will have to live on the table scraps of Social Security, lack of investment in people - none of that is improved with this, but wealthy contractors have to figure out new ways to get around the rules. Darn the luck.

I guess, however, if your standards are low enough, this looks like daylight.

Not trying to rain on a parade, because with tens of millions facing permanent poverty if they aren't the banker friends of this administration, even this could look like good news. But the fact that someone suggests it is scraping the bottom of the barrel instead of a time to light off fireworks is likely of more concern to some than families being denied the opportunities they paid for with their blood and labor.

If it is, you are in luck, because I think your opinions are none of my business, and I will work to keep it that way.

Cha

(297,298 posts)
27. "Here's why this is so important," ..
Fri Aug 8, 2014, 10:47 PM
Aug 2014
"Bland said when I asked him to explain. "For the last 20 years, the Supreme Court has been encouraging employers to force their workers into a system of arbitration that has been badly rigged against the workers. And so this order will result in millions of employees having their rights restored to them."

mahalo kpete.. really nice to see this for our Workers!


Major Hogwash

(17,656 posts)
31. Going to arbitration has been capitulation for labor for the last 25 years!
Sat Aug 9, 2014, 12:22 AM
Aug 2014

It didn't work for my friends when their jobs were sent to Singapore 11 years ago!!!

Yet, arbitration was where the judge sent them to hammer out their differences when the company made their huge anti-American move and some of the workers started a suit to keep their jobs!!!

mdbl

(4,973 posts)
37. I hope this helps, as arbitration has been a farce
Sat Aug 9, 2014, 08:42 AM
Aug 2014

Does anyone know of an arbiter who has ever ruled on the side of labor? I don't. Everything I've seen is always pro-business, and usually the ruling promotes punitive actions that make it look like the 1920's.

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