Labor Day Update for Non-profits: Classification and the Rights of Workers

While most primarily associate it with the end of summer and a three-day weekend, 2022 is an excellent year to recognize Labor Day for what it is:  a celebration of workers and their power to organize. 

With the erosion of labor law by politicians and the courts that began in the 1970’s and continued through the last administration, it is hard to believe that in 1894, this country believed in unions enough to declare Labor Day a federal holiday.  Review the sweeping rights of workers introduced by the National Labor Relations Act in 1935 and consider just how far the mainstream left has retreated from economic justice – Congressional Democrats today could never pull this off.

But, if you will indulge a fleeting moment of optimism, consider the viral success of organizing efforts at Starbucks, Amazon, and other megacorporations, the 500-Day Warrior Met coal strike that continues as we speak, the sectoral bargaining that (subject to Gov. Newsom’s signature) would be created in California to regulate wages and practices in the fast food industry under AB 257, and a new Gallup poll showing a record high in terms of the public support of unions (71%!  Think of how many matters of objective fact fail to get that high of a consensus!).  It is possible that the decline in union membership, which closely parallels the stagnation and decline of the true wages of the working and middle class, may be reaching a turning point.

So….what does this all have to do with nonprofit law?  I’m glad you asked.