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Trump on Janus

Trump on Janus

Recognizing the potential folly in engaging with a Trump tweet, I thought it was worth two quick comments on what the President had to say about Janus. Here's the tweet: Supreme Court rules in favor of non-union workers who are now, as an example, able to support a...

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what happens...

Using History to See the Glass Part Full in Janus v. AFSCME

Using History to See the Glass Part Full in Janus v. AFSCME

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.

State Attorneys General:  Stepping Up to Protect People on the Job

State Attorneys General:  Stepping Up to Protect People on the Job

Fighting the dangers of tobacco, seeking redress for homeowners during the mortgage crisis, and most recently standing up against the Muslim ban – state attorneys general have long been at the forefront of efforts to protect the well-being of the people of their states.  In recent months, progressive state attorneys general have emerged as some of the nation’s foremost champions of civil rights and of humane, sensible policy in the face of declining protection at the federal level. As income inequality grows and too many American workers struggle to get a fair deal in our economy, the role of state attorneys general in enforcing statutes that protect workers’ economic interests has taken on new importance.  To build on the energy and expertise of these public servants, under the auspices of the Labor and Worklife Program at Harvard Law School, we recently hosted attorneys from the offices of 11 state attorneys general last week to discuss strategies and best practices for enforcing labor laws