3 Stories to Follow in 2011

I set out to provide 11 stories to follow in '11, but that was a little ambitious. Here are three:

1. NFL and Player's Union Contract Expires in March. This high profile labor-management showdown will bring attention and interest to the world of labor law that has otherwise been sliding for at least a decade. The threat of a lockout is looming, and interest is already rising. The highest profile labor-management conflict of 2010 came in June when 12,000 Minnesota nurses struck; the potential for a lockout of NFL players has already drawn more searches for "NFL Lockout" than the nurses' strike drew for "nurse strike" at its height. Americans (including me) love their football and if they don't get to see football on Sunday (and Monday night) they will want to know why. Whatever happens in this conflict, it will be eagerly watched and highly publicized. The NBA, the NHL and MLB all have contracts expiring this year as well, and so it could be a big year in professional sports bargaining.



2. The EEOC's Credit History Disparate Impact Suit against Kaplan. Employers have increasingly used credit histories and credit scores as a way to screen applicants.  Several states have passed legislation against this practice and more are considering the issue.  The New York Times called the EEOC's suit
"an unusual intervention  by the federal government on the issue."  Because nearly half of employers use credit history in at least some of their hiring decisions, if the suit is successful, it will have a widespread impact. Win or lose, the suit may be a sign that the EEOC is looking to pursue more statistical suits in the future.

3. The NLRB's Posting Rule Proposal. The NLRB has proposed a rule that would require all covered employers to post a notice regarding employee rights under the NLRA. Three reasons to follow this story: First it will be interesting to watch  the NLRB enter into substantive rule-making deliberations, a task from which it has taken a long break (1975). Second, if the rule passes, it will have an impact in the workplace, in the form of more employees knowing their rights and finding their way to the NLRB. How many more? Only time will tell. Finally, this  could be a sign that the NLRB will be proposing more rules in the future.