What we learned from the nation’s only stripper union

Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.

May 22, 2023 View in browser   By Olivia Olander With help from Nick Niedzwiadek.  QUICK FIX SPOTLIGHT ON STAR GARDEN: Dancers at a North Hollywood topless bar voted to be represented by Actors’ Equity Association last week, setting them up to be the only unionized strippers in the U.S., according to the union. But beyond the headlines, the Star Garden case might have also revealed something about the NLRB: the agency’s thinking on factors for worker classification. In a request for review of the election, the company argued in part that the dancers were not employees, but rather independent performers leasing space in the club. The review was denied by the board. That could open the door to other workers in similar arrangements, like hair stylists or workout class instructors. “Just because somebody's leasing a chair in a salon or other types of situations like that … Still, nonetheless, they say, ‘No, these people are employees,’” Michael J. Lotito, who represents employers at the law firm Littler, said of the NLRB. The case is “one tiny indication” that board members will look past employment designs “that are structured, in part, to create an independent contractor presumption,” he said. Employers are closely watching classification issues, as the Labor Department is slated to release a rule on independent contractor classification this month. Additionally, the NLRB is also set to release a decision related to the issue in its The Atlanta Opera Inc. case, he said. Kate Shindle, president of Actors’ Equity Association, said she hopes workers in similarly nontraditional employment arrangements will be able to organize. Star Gardens workers voted unanimously last week to unionize, following a regional director’s approval of a settlement agreement days earlier that resolved multiple unfair labor practice allegations. “The way that public sentiment has coalesced around the idea that strippers especially need a union … really, really fills me with optimism,” Shindle said. “When we first met with the dancers, they were very open about and very aware of the stigma of their industry.” The Star Gardens case, as well as the potentially blockbuster college athletics case, shows the NLRB’s willingness to get creative. Lotito pointed to the inclusion of a provision in the settlement agreement barring the bar’s operator from refiling for bankruptcy for a year. “The general counsel and obviously regional offices have been very aggressive and very creative with different remedies. I thought that was a good example,” he said. GOOD MORNING. It’s Monday, May 22. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips, and exclusives to NNiedzwiadek@politico.com and OOlander@politico.com. Follow us on Twitter at @nickniedz and @oliviaolanderr.   GET READY FOR GLOBAL TECH DAY: Join POLITICO Live as we launch our first Global Tech Day alongside London Tech Week on Thursday, June 15. Register now for continuing updates and to be a part of this momentous and program-packed day! From the blockchain, to AI, and autonomous vehicles, technology is changing how power is exercised around the world, so who will write the rules? REGISTER HERE.     Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories. On the Hill WORK REQUIREMENTS ON THE TABLE: White House negotiators signaled they were willing to make some concessions on federal assistance work requirements, as part of a deal to raise the debt ceiling, our Meredith Lee Hill reported late last week. Details from Meredith: “The negotiators are narrowing in on possible changes that would further restrict access for low-income Americans to the emergency aid program known as Temporary Assistance for Needy Families, according to two people familiar with the talks, who were granted anonymity to discuss internal conversations.” Republicans are also pushing for some additional requirements for food assistance, Meredith notes. More on the debt ceiling: House Speaker Kevin McCarthy tweeted Sunday that he planned to meet with President Joe Biden on Monday, our Olivia Beavers reports. IN THE STATES HIRING AND CRIMINAL HISTORY: California won’t ban employers from considering conviction history in hiring for most jobs, after legislation died Thursday in the state Senate, our Alexander Nieves reports. California already has some similar protections on the books, with many businesses and the public sector barred from asking about criminal history until after an applicant is deemed qualified for a job, Alexander notes. This legislation would have extended protections to all stages of the hiring process. More state news: “UFT president blasts [New York City’s] draft class size reduction plan,” from our Madina Touré. Around the Agencies RETURN-TO-WORK WEARY: Close to half — 45 percent — of government employees said they’d consider looking for a different job if their agency reduces remote work flexibility, according to a survey from management consulting business Eagle Hill Consulting. Almost six in 10 remote and hybrid workers said their job satisfaction would go down with a mandate to return to the workplace. Employees surveyed were closely split on whether they thought a full or partial day in the office was more productive, at 53 percent and 47 percent. The findings come after White House Office of Management and Budget last month issued new guidance for agencies to align with the rollback of pandemic-era policies, Eagle Hill noted. More agency news: “Pay Cuts Have Rural Letter Carriers ‘Scared’ and ‘Outraged,’” from Government Executive. In the Workplace LASTING GAINS FOR BLACK WORKERS? The job market for Black workers is stronger than ever, and may be resilient in a potential recession, The Wall Street Journal reports. “[T]he confluence of strong demand for labor and demographic shifts in the country over the past few years, when many older, white workers retired, benefited Black Americans,” WSJ reported. “Many moved into occupations that pay more, demand more skills and offer better long-term stability.” The report comes as the unemployment rate for Black workers fell to a record low in April, 4.7 percent. More workplace news: “EA Sports letting FBS players opt in to 2024 video game,” from ESPN. Unions RAIL SICK DAYS: A union for train engineers announced Thursday it reached its first paid sick time deal with Norfolk Southern railway, The Associated Press reported. “More than a third of all rail workers have reached deals to gain sick time this year,” AP noted. “The issue and other quality-of-life concerns nearly led to an economically devastating strike last fall.” The deal reached last week includes up to seven sick days per year, including two personal days that can be converted to sick days, AP reported. The union, the Brotherhood of Locomotive Engineers and Trainmen, represents roughly 3,300 engineers who operate trains for the railway. More union news: “Curtailing Starbucks’s War on Its Unionized Baristas,” from The American Prospect. Immigration BEARS AND GAUCHOS MAY TEST WORK PERMIT NORMS: The University of California Regents last week voted to explore employing undocumented students without work permits, our Blake Jones reports. “Allowing campuses to employ such workers could change thousands of students’ lives — and invoke a bevy of court challenges,” Blake reports. “The ten-campus system would be the first to openly skirt a law then-President Ronald Reagan signed in 1986 that banned employers from hiring people who lack federal work authorization.” The board expects to make a decision on the issue by the end of November, he wrote.   DON’T MISS POLITICO’S HEALTH CARE SUMMIT: The Covid-19 pandemic helped spur innovation in health care, from the wide adoption of telemedicine, health apps and online pharmacies to mRNA vaccines. But what will the next health care innovations look like? Join POLITICO on Wednesday June 7 for our Health Care Summit to explore how tech and innovation are transforming care and the challenges ahead for access and delivery in the United States. REGISTER NOW.     What We're Reading — “American Workers Testing Positive for Marijuana Reaches 25-Year Record,” from The Wall Street Journal. — “Bogus nurses, fake diplomas: Officials search for unqualified health workers,” from The Washington Post. — “Independent Workforce Climbs as US Women Leave Traditional Jobs,” from Bloomberg. — “U.S. Seaports Are Weathering a Numbers Hangover in Import Volumes,” from The Wall Street Journal. THAT’S ALL FOR SHIFT!   Follow us on Twitter Nick Niedzwiadek @nickniedz Olivia Olander @oliviaolanderr   Follow us

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