The federal agency charged with protecting employees’ rights to collectively improve their job standards is in limbo. That’s great news for unscrupulous employers who want to take advantage of workers, but it serves as a wake-up call for those of us who care about workers’ rights.

In January 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that the Obama Administration’s January 2012 recess appointments to the National Labor Relations Board (NLRB) were unconstitutional – a ruling at odds with other circuit court decisions. This ruling has created legal havoc. Employers are now filing appeals to decisions issued at all levels of the agency, charging that since the Board members are invalid, the decisions should be vacated. As a result, the NLRB is now hamstrung in its effort to enforce the National Labor Relations Act, the law that is supposed to protect workers' rights to organize, collectively bargain, and engage in collective actions. This leaves America’s workers without any effective legal protections provided under law – and no one policing the workplace.

Download this briefing to learn more:
What Happens If There's No One Policing the Workplace: Senate Action Required to Maintain the NLRB
Erin Johansson, Research Director, American Rights at Work

In an election year, it's important to ask whether the people in elected office really understand what life is like for average Americans. Trends indicate that being wealthy is increasingly a requirement to run for office. In the era of Citizens United, with extremely costly campaigns, it's no surprise that members of Congress are wealthier and far removed from the day-to-day experiences of Americans who struggle to stay afloat, or just barely live within their means. Aside from campaign finance reform, how can we address this disconnect between elected officials and the people they represent?

We found one encouraging effort: unions across the country are encouraging their members – everyday Americans like waitresses, nurses, and police officers – to run for elected office at the local, state and even federal level. And as our research demonstrates, when members of Congress held jobs like nurse, teacher, and police officer before entering office, they were more likely to take pro-worker positions such as protecting Social Security, enacting stronger workplace safety and discrimination protections, and reforming the financial industry.

Download How Everyday Americans Are Running for Office... and What Happens When a Waitress Gets Elected (PDF), new research from American Rights at Work.

Contingent workers are those not employed in traditional, full-time jobs that are expected to last. This term also covers workers who are subcontracted, employed by temp agencies, or work as independent contractors. While widely accepted as a standard business practice to enable flexibility in hiring, employers are increasingly exploiting workers through this business model by lowering labor standards and exposing more workers to poor job conditions.

• Download the fact sheet: The Growth of the Exploited, Contingent Workforce. (PDF)

Misclassification of employees as independent contractors costs us all: federal and state governments, businesses, workers, and taxpayers. Our laws grant workers vital workplace benefits and protections, as long as the worker is a direct employee of the employer. Consequently, workers who are independent contractors in name only are cheated out of important benefits and legal protections.

Furthermore, government and academic studies estimate that the federal government loses at least $3–4 billon annually due to misclassification, and billions more due to off-the-books cash payments. State studies indicate that that figure could be much higher. At a time when the federal and state governments are facing such difficult budget choices and making cuts to programs that Americans depend upon, there is no excuse for allowing so many businesses to cheat the system. 

• Learn more: Billions in Revenue Lost Due to Misclassification and Payroll Fraud.

In an effort to shed more light on this topic, we have assembled an annotated bibliography on misclassification.

• Download the bibliography. (Updated October 2012, PDF)

When child care providers have the right to form unions, it helps to stabilize conditions, improve job satisfaction, and raise wages to appropriate levels—all of which are vital to providing the best possible care for children. In-home child care providers face very low pay and poor access to benefits and training opportunities, making it critical for these caregivers to have a collective voice to improve their working conditions. As the issue of child care provider unionization is considered in multiple states, a better understanding is needed regarding the effects of unionization on improvements in training, access to information, and ultimately the quality of care provided to children and communities.

Two new studies, conducted by the Economic Opportunity Institute (EOI) and Rutgers University, respectively, help to shed light on the value unions provide to this often neglected and voiceless group. Interviews conducted with child care providers in each state further elucidate the effects of unions on their day-to-day lives.

Dr. J. Ryan Lamare, Research Analyst, American Rights at Work, May 2012

Download the report. (PDF)