About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 Lab. & Emp. L. 1 (2021-2022)

handle is hein.journals/laboemplo49 and id is 1 raw text is: Labor and Employment SECTION OF LABOR AND EMPLOYMENT LAW I AMERICAN BAR ASSOCIATION BY DEMETRIUS PYBURN tion having now com- pleted its first 100 days, we can begin to see a shift in the direction for labor and employment law, and we should be pre- pared. While COVID-19 has continued to dominate the legislative agendas, there has been noteworthy attention to many labor and employment matters. Below are some of the laws and initiatives that have been made a priority. The EqualityAct. H.R. 5, which has already passed the House of Representatives previously and passed again on February 25, 2021, is consistent with the June 2020 Supreme Court decision confirming that protections under Title VII of the Civil Rights Act of 1964 extend to individuals on the basis of sexual orientation and gender identity. Specifically, the bill defines and includes sex, sexual orienta- tion, and gender identity among the pro- hibited categories of discrimination or segregation. The bill expands the defini- tion of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exer- cise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. Finally, the bill /ION AMERICANBARASSOC IATOR Labor and Employment Law Section WINTER/SPRING 2021 1 VOL. 49, NO. 1 prohibits an individual from being denied access to a shared facility, includ- ing a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. Strengthening Union and Labor Laws. President Biden made clear in his cam- paign that he planned to strengthen unions and encourage unionizations. Part of that effort involved the appoint- ment of former Boston Mayor Marty Walsh to serve as the Secretary of Labor. Secretary Walsh is the first union mem- ber to fill the role in nearly a half a cen- tury. Another part of that effort was the House of Representatives passing the Protecting the Right to Organize Act of 2021, commonly referred to as the PRO Act, on March 9, 2021. This bill expands various labor protections related to employees' rights to organize and col- lectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of indi- viduals covered by the fair labor stan- dards; (2) permits labor organizations to encourage participation of union mem- bers in strikes initiated by employees represented by a different labor organi- zation (i.e., secondary strikes); (3) prohibits employers from bringing claims against CONTINUED ON PAGE 14 CALL FOR NOMINATIONS: THE FRANCES PERKINS PUBLIC SERVICE AWARD The Frances Perkins Public Service Award recognizes the individuals or organizations that demonstrate a significant commitment to providing pro bono legal services, primarily in the areas of labor and employment law, to people of limited means or to the nonprofit, governmental, civic, community or religious organizations that are engaged in addressing the needs of individuals with limited means. The need for pro bono services in the labor and employment area is acute. Questions relating to labor and employment law account for more than a quarter of the issues raised in many pro bono programs. The American Bar Association Section of Labor and Employment Law wishes to acknowledge the individuals, firms, corporate and union legal departments, government agencies, and other organizations that help meet this crucial need. As a result, the Section is seeking nominations for its annual Frances Perkins Public Service Award. View the Award Criteria and Past Award Recipients. Nominations are due September 1, 2021.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most