March 10, 2022
No items found.

Collusion and Lack of Competition Designed to Favor Employers

                   

The popular media likes to hammer on tight labor markets and the sudden increase in worker power, citing rising wages and historic numbers of people quitting their jobs in 2021, but the Office of the Treasury paints a different picture according to a recent study commissioned by the Biden administration. The new report highlights high levels of employer collusion to suppress wages and ensure workers have little incentive to change jobs, contra the narrative of the “Great Resignation.”

The report describes the myriad ways in which employers collaborate to prevent workers from seeking better opportunities elsewhere. These tactics lead to missing out on 15-25% of possible wages a worker might otherwise hope to command, according to estimates in the report.

Many of the favored methods used by employers are tried and true ways to devalue workers, and often ones that have gotten whole industries in hot water before, such as when the Justice department found six massive tech firms stoking anti-competitive behavior in a bid to keep workers. Collusion and unfair practices are not restricted to the rarefied world of Silicon Valley tech workers, however, with outsourcing and subcontracting, as well as mergers and acquisitions, remaining a key way for employers to pay low wage workers even less and keep them from finding other employment in the same field.

These practices have broad ramifications beyond beyond just restricting workers’ abilities to choose where they want to work. They incentivize employers to offer fewer benefits, provide less job security and pay little attention to improving working conditions, and, thanks to a multi-decade effort by free-market ideologues and employers which has left private-sector union membership at historic lows, leave workers few options other than to grin and bear it, while the Justice Department tries to play catchup and expand its antitrust division to focus on job market enforcement.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
No items found.
Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
No items found.
This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.