After the immigration deadlock – Politico

With help from Cogan Schneier and Brian Mahoney.

AFTER THE IMMIGRATION DEADLOCK: The Supreme Court tied 4-4 Thursday on President Barack Obama’s 2014 executive action on immigration, leaving a lower court’s injunction in place. What now?

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Under Obama’s 2014 order, 3.8 million immigrants were invited to seek deferred action against potential deportation (with the understanding of likely approval), only to have that invitation taken away by the injunction early in 2015. This group has been vulnerable to deportation ever since, and it remains so. It consists mostly of parents of immigrants who’ve managed to become U.S. citizens or lawful residents.

The 3.8 million may still apply for deferred action, but they’ve lost any assurance from the federal government that they will be granted it. Their likelier course is to stay off the government’s radar. The executive branch can (and, if Hillary Clinton is elected president, likely will) petition the Supreme Court to rehear the case after she appoints a ninth justice. If Donald Trump is elected president, pro-immigration groups might file a lawsuit in a different district court, challenging DHS on its inability to implement the programs Obama created with his 2012 and 2014 executive orders on immigration. But that’s a tough case to argue, and if it ends up back at the Supreme Court a ninth justice appointed by Trump won’t likely be sympathetic. More for Pros from POLITICO’s Cogan Schneier:

GOOD MORNING. It’s Friday, June 24, and this is Morning Shift, POLITICO’s daily tipsheet on labor and employment policy. Send tips, exclusives, and corrections to,,, and Follow us on Twitter at @politicomahoney, @TimothyNoah1, @CoganSchneier, and @marianne_levine.

** A message from the Society for Human Resource Management and the Council for Global Immigration: SHRM and CFGI are calling on public policy makers to embrace three core principles that define the 21st Century Workplace – innovative, fair and competitive. Read more about how national leaders can do their part to Create the 21st Century Workplace: **

EEOC SETTLES FIRST SEXUAL ORIENTATION CASE: The Equal Employment Opportunity Commission reached its first-ever settlement in a Title VII case about sexual orientation, reports Law360’s Dani Kass.

Packaging supply company Pallet Cos. did not admit fault, but agreed to pay a former employee nearly $200,000 and donate $20,000 to the Human Rights Campaign. The suit, filed in March in the U.S. District Court for the District of Maryland, alleged that a supervisor made multiple comments about an employee’s sexual orientation and appearance and fired her after she reported him to a harassment tip line.

The suit was one of two cases that the EEOC filed on the same day alleging discrimination based on sexual orientation. The other involved allegations that a gay employee at Scott Medical Health Center, in Pittsburgh, Pa., was harassed for his sexual orientation. That case is still in court. Settlement here: Story here:

NJ LEGISLATURE PASSES $15: The New Jersey state Senate approved a bill Thursday, 21-18, that would raise the state hourly minimum wage to $15 by 2021, up from the current $8.38. Under the proposal, the minimum wage would thereafter be tied to inflation. The bill already passed the state Assembly in May and is now headed to Gov. Chris Christie’s desk, where it faces all but certain veto, Andrew Seidman reports in

D.C. ADVANCES SCHEDULING BILL: A Washington, D.C. City Council committee Thursday advanced legislation to limit “just-in-time” scheduling, the Washington Post’s Perry Stein reports. “Employers use ‘just-in-time’ scheduling to assign workers according to the time of day or month that they expect the most business, requiring them to be available at a moment’s notice and sometimes sending them home if business is slow.”

“The practice helps minimize labor costs, but it wreaks havoc on the lives of low-wage workers, making it difficult to schedule child care, commit to a second job, or take part-time classes. The practice also results in erratic pay.” The legislation still requires approval from the full council. Washington, D.C. would be the second city after San Francisco to implement such legislation.


— AFFIRMS DECISION IN FAVOR OF FIGHT FOR $15 LEADER: The NLRB on Thursday affirmed a decision in favor of “Fight for $15” leader Terrence Wise, after a Burger King franchisee refused to hire him and other workers for supporting a Workers Organizing Committee. The Board ordered the franchisee to offer Wise employment and to make him “whole for any loss of earnings and other benefits suffered as a result of the discrimination against him.”

— ORDERS EMPLOYER TO REOPEN SHUTTERED PLANT: The NLRB Thursday ordered a railcars maintenance and repair company to reopen its Tuscon, Az. plant after the company, in response to its employees’ demands to bargain collectively, closed the work site and relocated work. .

NO AFL-CIO ENDORSEMENT FOR DEBBIE: We’re a little late on this, but it’s too mind-boggling to pass over. The Florida AFL-CIO, Leslie Wimes reported earlier this week in Sunshine State News, won’t endorse DNC Chairwoman Debbie Wasserman Schultz. “Some state AFL-CIO chapters have stated there would be no endorsement of Democrats who voted in favor of the Trans-Pacific Partnership (TPP),” Wimes wrote. “That includes Wasserman Schultz.”

LIUNA TO PEREZ: NO PBGC PREMIUM INCREASES PLEASE: LiUNA General President Terry O’Sullivan wrote Labor Secretary Tom Perez Thursday urging the administration not to increase annual PBGC premiums for multiemployer pension funds. The letter comes less than one week after the PBGC issued a report that said the agency needed to raise premiums substantially in order to prevent its multiemployer program from going insolvent. But O’Sullivan noted that the 2014 multiemployer pension reform law already hiked premiums to $27 in 2016, up from $12 in 2013.

O’Sullivan also raised objections to an Obama proposal that would direct the agency’s board to adjust premium rates. He warned that the premium increases would encourage employers to leave the plans because of high costs and said that while “these proposals may be well-intended to save the agency … the real world impact will hasten the demise of the multiemployer pension system.” Read the letter here:

UBER, LYFT OK WITH BOSTON BILL?: Uber and Lyft appear OK with a proposal from the Massachusetts state Senate that would require the ridesharing companies to conduct their own background checks and to pay a 10 cent state fee per ride. “Uber said representatives are still reviewing the proposal, which is expected to come for a vote next week,” Adam Vaccaro writes for Reuters. “But the company’s initial reactions suggested support.” In an e-mail statement, Uber described the proposal as a “significant step forward for innovation and growth.” Lyft spokesperson Chelsea Wilson called the bill a “common-sense framework.”

The ridesharing companies’ response to the Senate bill was more positive than their response to a House bill that prohibited most Uber and Lyft drivers from picking up passengers at Logan Airport and the Boston Convention and Exhibition Center. The taxi and livery companies, meanwhile, say the proposal doesn’t impose tight enough regulations for Uber and Lyft. More here:

ARTISANAL THERAPY: The rise of automation means that any good or service that requires input from sentient human beings will rise in value, writes Timothy Lee for Vox.

The mania for boutique hand-crafted goods is well-documented, especially food and drink. There’s Starbucks, where “inefficiency is a mark of luxury.” Small wineries and artisanal breweries have proliferated. In 1975, there were 110 breweries in America. As of 2015, there were 4,269.

The next thing to become expensive and twee may be services provided by homo sapiens. The fastest-growing jobs mostly involve considerable human labor, according to projections from the Labor Department. These include physical therapist, commercial diver, and statistician. Perhaps these services will one day acquire the same sort of pricey cachet as artisanal pickles. “Have you looked at Helen’s regression analysis? It’s très Brooklyn!”

NEW YORK FARM LOBBY WANTS TO JOIN UNION FIGHT: New York state’s farm lobby wants to intervene in a New York Civil Liberties Union lawsuit that’s trying to win collective bargaining rights for farm workers. The New York Farm Bureau’s participation in the lawsuit is particularly important because New York Gov. Andrew Cuomo has said his office won’t defend itself from the suit.

“If we can’t count on our state leaders to do the right thing in this case, we are prepared to stand up for our members in court to protect their rights,” the NYFB’s Dean Norton said in a statement.

“NYFB is filing a motion in State Supreme Court in Albany for intervenor status,” writes New York State of Politics. “If granted, the organization will ask the case be dismissed altogether. The organization believes traditional collective bargaining does not work in the farming industry because the weather dictates when employees can work. It believes the issue should be dealt with legislatively, not in court.”

In a May statement, the NYCLU said that the time has come for the state to end a long-held practice of excluding farm workers from the right to organize unions. “Because of an 80-year-old outdated law, poverty, fatalities and legally-sanctioned discrimination are a way of life for tens of thousands of people working in New York,” said Erin Beth Harrist, an NYCLU attorney. “New York must reject the farmworker exclusion for violating our constitution, progressive values and commitment to human rights.”

DOL WANTS YOU TO STAY OUT OF JAIL: The Labor Department is providing about $64 million in grants to reduce recidivism. According to a White House fact sheet, the Labor Department will make $31 million available to seven organizations to design job training programs and provide “a path to meaningful employment” for adults between the ages of 18 and 24; $21 million to 16 organizations to provide “educational and workforce training” as well as case management and mentoring; more than $5 million for 11 grants to organizations that operate job centers inside correctional facilities; and $6.5 million to five non-profit organizations and two local governments “to provide mentorship and career training to youth ages 16 to 21” who risk dropping out of high school or becoming involved in the criminal justice system. “We’re squandering opportunity by not giving people with a criminal record a second chance,” Labor Secretary Tom Perez said on a press call. “Workers who could be contributing to our economy are in fact being sidelined.”


— “4th Circuit says IT company was not gay janitor’s joint employer,” from Reuters: [Opinion here]

— Worker dies in North Dakota crane accident, from Insurance Journal:

— Kaiser nurses strike again, from KABC:

— Steelworkers reach agreement with ArcelorMittal:

— FBI raids hedge fund connected to union probe, from New York Post:

— “School employees to Snyder, Schuette: Give us our money back,” from Lansing State Journal:


** A message from the Society for Human Resource Management and the Council for Global Immigration: More than 15,000 HR and legal professionals are in D.C. this week for the SHRM and CFGI annual conferences, and many will meet with elected leaders and their staff. They are calling on elected representatives, candidates for office and government officials to advance policies that are innovative, fair and competitive. These three core principles are integral to Creating a 21st Century Workplace. Read more about the principles: **


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