Professor Benjamin I. of Harvard Law School. According to Sachs, the board may also occupy a legal provision, which allows the federal government to create states’ jurisdiction to regulate labor in certain industries. This could enable a state like California or Washington to create an arrangement in which gig workers, with the help of a union, negotiate with companies with salaries and benefits on an industrywide basis in that state, a process that is regional Known as bargaining.
Under such a system, a union would have to show support from a fraction of the workers in the industry, such as 15 or 20 percent, being able to negotiate on behalf of all workers with multiple gig companies. Conversely, under federal law, the union would typically have to garner the majority of support among the workers it sought to represent, a daunting challenge in a high-turnover industry such as gig work.
Wilma B., who led the Labor Board in the Obama administration. Other labor experts, such as Leibman, confirm that the board can assert its authority over the states, but are more skeptical that it will do so in the case of Giga workers.
Helping home-care workers
The federal government, through its control of the Medicaid program, can do something similar for home-care workers, who typically work independently or for small agencies that have little power to raise salaries because the state Determine the rate for your services. Agencies sometimes have to aggressively oppose union campaigns for fear that allowing workers to bargain for higher wages would put them at a competitive disadvantage.
A handful of Democratic-leaning states, like Washington, have addressed the issue that is effectively implemented industrywide by allowing workers to bargain for a rate hike with the state, eliminating that a single The agency will face if it raises wages unilaterally.
The Service Employees International Union, which represents home-care workers across the country, believes that the Biden administration can encourage other states to create such an industry-wide bargaining system – e.g., this approach Providing additional funds to the States adopting. Thousands of additional home-care workers can benefit.
The federal government, under a provision of the Medicaid law that requires states to adequately hold payments to ensure an adequate supply of home care workers, can directly intervene to raise wages and benefits for these workers .