4. In attached article titled \"it should be illegal to fire the cyclist who gave Trump the finger,\" the article indicates that an employee of the Post gave President Trump's motorcade the middle finger salute and the employee was fired from the Post. This does not involve a US Constitutional issue, since the Post is a private newspaper business. If the employee that gave the salute is an at will employee for the Post, then this could be a. a violation of the National Labor Relations Act b. a violation of the Unemployment Compensation Act c. a violation of the Fair Labor Standards Act d. a violation of the Employee Privacy Rights e. none of the above 5. The attached article titled \"Uber tackles sex assault problem by pledging $5M to training,\" is involving the car sharing business named Uber. The business model that Uber uses treats their drivers as a. at will employees union employees agents and employees independent contractors depending on the driver, all of the above sens:- mmmmmmmnmmmwillmwllwwmmmmmmmmwumwuwumm-uwimmmwimmmmmmu. e111: mmlngtan pest PostEverything . Perspective It should be illegal to re the cyclist Who gave Trump the nger Once the president makes the workplace a political battleground, the Constitution should ensure that the battle not be one-sided. By Benjamin Sachs November 8 at 11:20 AM Follow @bsachs Benjamin Sachs is the Kestnbaum professor of labor and industry at Harvard Law School. Juli Briskman was red after telling her employer that she's the one who gave President Trump's motorcade, as The Post's Petula Dvorak put it, the "middle-finger salute sees sroeedthe..werld-\" However sympathetic Briskman's story is and heavy-handed the consequence seems, the conventional legal treatment of this situation would be straightforward: Briskman's employer, the government contractor Akima LLC, has the right to re her at will. Under this conventional approach, if Akima management doesn't like it when employees publicly express political views, then as a private-sector employer, it isn't bound to respect the First Amendment's guarantee of free speech. But these aren't conventional times, and the conventional legal approach doesn't make sense today. Briskman's ring is unconscionable, and it should be illegal. Why? We have a president who doesn't hesitate to insert himself into private workplace disputes, and is thereby turning the workplace into a battleground for politics and public policy. By doing so, he is breaking down the distinction between work and politics and thus reshaping the way the Constitution and the private sector workplace interact. Allowing Trump to tweet his views about workers, but not protecting workers who tweet their views about him, effectively turns our system of constitutional protections for individuals on its head. Trump's interventions into private~sector workplace disputes started at least as far back as the debate over the offshoring of jobs at the Carrier Corporation's plant in Indianapolis. During that debate, Trump, using his personal Twitter account, all but blamed the union for the job losses and attacked Chuck Jones, the local union president: Wm. More recently, and infamously, Trump has become personally involved in the dispute between National Football League owners and players over national anthem protests. Here, Trump has called on owners to re or punish their players for kneeling during the national anthem, even though, unlike in, the NationalBasketballfAssociation, the players' collective bargaining agreement doesn't require that they stand for the anthem. At a political rally in September, Trump impugned NFL players' patriotism and said that owners' response to a protesting player should be to "get that son of a b off the eld right now, he's red. He's fired!\" Later, he tweeted: Given Trump's repeated decision to insert politics into private-sector workplace disputes, it's time for courts to offer heightened protection for private-sector employees' political activities. If the president can tweet about workers, then workers must be able to tweet about, remark on and yes ip off the president. And protecting these rights means that employers must not be able to fire workers who engage in these political acts. [I'm the union lender Trumpattucked. I'm tired of being lied to about our jobs] A legal precedent that's already on the books offers courts a road map for offering this protection. Nouosel u_. Nationwide Insurance, decided in 1983, involved a private-sector employee who was discharged after he refused to participate in a lobbying effort on his employer's behalf. When he was red, be sued, claiming that his discharge was contrary to the public policy of the state. In something of a groundbreaking decision, the U.S. Court of Appeals for the Third Circuit held for the employee. The court reasoned that public policy could be derived from the First Amendment, that the First Amendment protects political freedom, and therefore that actions taken by employers that signicantly impinge on political freedoms (such as ring an employee who refuses to take part in an employer's lobbying campaign) can violate public policy. Nouosel is a favorite of law professors, but has largely been ignored by courts and remains an outlier because it enables employees to import the First Amendment to the private sector workplace through a lawsuit, and thus to avoid what otherwise would be the extinguishing effect of the state action doctrine the rule that the Constitution restricts what the government can do but not what private actors can do. But, today, given that Trump is turning the privatesector workplace into a political arena, the logic of Novosel should have greater appeal and application. The decision gives courts a way to hold that it is against public policy to allow the president to attack private sector workers while permitting employers to silence employees who respond in kind. Indeed, in a democracy where constitutional rights exist to protect private citizens from the government, it must be contrary to public policy to let the chief executive attack private employees on social media while allowing the silencing of private employees who use social media to protest the president. The logic of this rule would be most obvious in a case where the protesting employee had been personally attacked by the president. If that employee (say, Chuck Jones) could be fired for defending himself, Trump would have a ridiculously unfair advantage in the public debate. But the rule also should cover employees, such as Briskman, who have not personally been attacked by the president but who nonetheless express disapproval of him or his policies. Once the president makes the workplace a political battleground, the Constitution should ensure that the battle is not one-sided. And since nobody can re Innmm.\"il'nlmlwmlmlmWiumilmwullHWY'Imww'lmm'a'MHWFWanhm-mmwmm-WWW V Trump for his tweets, employees must not be red for theirs w otherwise, the constitutional protection for free expression l starts to become illusory. A version of this ariiclerst appeared on OnLabor'. 9: 702 Comments Benjamin Sachs is the Kestnbaum professor of labor and industry at Harvard Law School. I Follow @bsachs THE SPOKESMAN-REVIEW News Sports A&E Obits Search Q Menu E Wash. Idaho Business B U S | N E S S Uber tackles sex assault problem by pledging $5M to training UPDATED: Mon.. Nov. 6. 2017, 5:50 pm. Uber headquarters In In San Francisco. (Associated Press) By Tom Krisher Associated Press ww-I-wrmwnln'w-IWWAMW\ Mnu"WWII-H'\"mmmmmmmmmlWmmmmnmme-mmm\\vrvuun.rumwlwulmmunuwmnmwmwmma \\mvmmlwwmxmmmmmmmnmmmwmur. wwwuWWWWWWWMm.m,....u.mwmmn...m.mmm-m.....mrmnwmmummr-_nwmmnmnm. 'meummmmlwwm'w DETROIT Uber is pledging $5 million over the next ve years to seven organizations that work to prevent sexual assaults, a move aimed at helping the ride-hailing service combat its own problems as well as society as a whole. The world's largest ride-hailing company said the money will help the organizations fund their own programs as well train 150 of Uber's customer service agents as part of a new team to deal with sexual assault reports, including how to interview people reporting improper conduct. The initiative was announced Monday and comes at a time when Uber is trying to polish its image, which has been tarnished by investigations that found rampant sexual harassment of employees and multiple reports of drivers assaulting passengers. The issue of sexual harassment has exploded on the national stage as women have been coming forward with complaints against film producer Harvey Weinstein and high-prole inuencers in other industries. Under Uber's stepped-up efforts, team members receive training on how to respond to sexual assault and harassment from experts in the eld, including letting a caller talk without interruption, coaching employees how to ask questions that aren't judgmental, and offering rescurces to victims such as law enforcement information and a national crisis hotline phone number. In addition, drivers and passengers will get messages via Uber's app referring them to information on how to intervene peacefully as a bystander and how to spot signs of trouble. Raliance, a consortium of groups set up to prevent sexual violence, will get much of the money from Uber. In 2016, the National Football League made a $10 million commitment to the group after a spate of domestic violence assaults on women by players. gnu-Hummus... mm . n .m_' imam.\" ' wum Mm wmmm mm mm mum.m- WWW\"mwrwwmummpmwmmum 'mmmlmmmmmmmlwu~WWW-MW'I-ww-mv-MWIIWINm'mmmW-MM'WHMM \"WWW-mm\"ma.mummm.m,mwmmwmn Kristen Houser, spokeswoman for Raliance, said it is in the early stages of its work with Uber, but it sees the company's app as a way to get messages to millions of people about prevention, including resources for Victims and how people can set standards for acceptable behavior. Uber says the problem of sexual assault and harassment is a larger societal one and not limited to its service. But the company has been plagued with troubles involving its own drivers as well as within its corporate culture. During the past three years, dozens of women have complained to police that they were sexually assaulted by Uber drivers, according to news reports reviewed by The Associated Press. In June, the company ousted its cofounder and CEO Travis Kalanick after a female former engineer wrote a blog detailing how she was propositioned by her boss. An investigation of sexual harassment and bullying resulted in the ring of 20 employees, and the company has promised changes. Experts say that while wellintentioned, there's little research to show that broad prevention programs like the one Uber is introducing actually work. \"No study or data shows any effectiveness of high-risk males,\" said Neil Malamuth, a psychologist at the University of California, Los Angeles, who studies sexual violence. His research on programs at colleges and universities, however, found that there may be benets for lowrisk men. Malamuth said he's concerned that the $5 million sum is designed to boost Uber's image, creating an impression that something useful is being done without any research to back it up. \"I suspect the motivation is not all purity of heart, for sure,\" added Emily Martin, general counsel for the National Women's Law Center. \"But that doesn't mean complicated motivations can't result in good wor .\" Martin said Raliance is well-respected among prevention programs, and its advice to Uber about how to handle complaints seems to be on target. Spending the money over five years could fund some good work on the broader goal of mwm'm Will-mwilwmwmmmwwwlmmmmv '1FWMFmvwmummm\"!HEWMIWWluWHWWMIW-mvdlwum"rm-WmWWI-mmmmuminmwvn'mumgMmnmmmnm-mIwmlmmn-wm-MuwIvnvummmwillWWIWI'WMIWKWVIWMWMlmmmmmmnmmwumm'wmmlwlimmmmmm sexual assault prevention, but \"not an amount that changes the landscape in any signicant way.\" Tracey Breeden, global safety spokeswoman for Uber and a former police ofcer, said that taking some action is better than doing nothing. \"That's why we're listening and learning and trying to speak with experts in this space,\" she said. \"Our hope is it will have a positive impact on our communities.\" UPDATED: NOV. 6, 2017. 5:50 PM. 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