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Janus and the Court’s Decision to Overrule Roe v. Wade

May 5, 2022 Andrew Strom

The country has been rocked by the news that the Supreme Court seems poised to issue a decision in Dobbs v. Jackson Women’s Health Organization that will overrule the 49 year-old ruling in Roe v. Wade guaranteeing the right to an abortion for women who can find a provider. (As a blog that deals with issues […]

Litigation Since Janus: A Preliminary Assessment

Sep 21, 2021 Maddy Joseph

After the Supreme Court announced in Janus that the First Amendment prohibits mandatory agency fees in the public sector, plaintiffs supported by right-to-work groups flooded the courts with related claims. At the time, we feared that these plaintiffs, aided by an increasingly sympathetic judiciary, would succeed in draining union coffers and weakening labor laws. But […]

Israel Now Defines Mandatory Wage Deductions as Constitutional Violations – Should we Expect an Israeli Janus?

May 14, 2020 Gali Racabi

In late April, and for the first time in its history, the Supreme Court of Israel decided that a law is unconstitutional because it violated employees’ property rights to their wages. The law in question required that those who employed asylum seekers deduct 20% from the asylum seeker’s monthly wages (as well as an additional […]

Progressive Federalism in the Wake of Janus

May 22, 2019 Joe Ruckert

When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Court held that such agreements could not obligate non-consenting public-sector employees to pay “agency” or “fair share” fees to the unions which represented them and negotiated […]

Janus, Compelled Speech, and Public Employee Pensions: An Analysis of Sweeney v. IMRF

Apr 2, 2019 Marissa Marandola

On March 19, a federal judge held that the Illinois Municipal Retirement Fund (IMRF) does not violate public employees’ First Amendment rights to free speech and freedom of association by investing their mandatory contributions in companies that indirectly subsidize the anti-union political activities of the American Legislative Exchange Council (ALEC). Municipal employees and their union […]

Janus and the Private Sector

Jul 3, 2018 Benjamin Sachs

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is thus speculation that Janus will soon be exported to the private sector and that […]

In Janus, the Court’s “Originalists” Show Their True Colors

Jun 29, 2018 Andrew Strom

It shouldn’t have come as a surprise to anyone that when faced with a choice between originalism and right-wing ideology, the Supreme Court’s two avowed originalists, Justices Gorsuch and Thomas, decided that they weren’t going to let doctrinal purity get in the way of their desired result. It’s worth taking a close look at how […]

June 28, 2018
News & Commentary

Maddy Joseph

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page. Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes modeled on the recent teacher actions — in order to […]

Janus: What Can States Do Now?

Jun 27, 2018 Benjamin Sachs

Janus is a major blow, but Sharon and I lay out some ideas for moving forward in this Vox piece.

Janus and the Rise of Dark Money “Justice”

Jun 27, 2018 Senator Richard Blumenthal and Senator Sheldon Whitehouse

In February, the Supreme Court heard oral arguments in Janus v. AFSCME. Today, a slight majority of the Court issued a decision that regrettably impacts far more than just “fair share” fees and the more than 40-year-old precedent established by Abood v. Detroit Board of Education that declared those fees to be constitutional. Indeed, the […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Janus and the Court’s Decision to Overrule Roe v. Wade

Litigation Since Janus: A Preliminary Assessment

Israel Now Defines Mandatory Wage Deductions as Constitutional Violations – Should we Expect an Israeli Janus?

Progressive Federalism in the Wake of Janus

Janus, Compelled Speech, and Public Employee Pensions: An Analysis of Sweeney v. IMRF

Janus and the Private Sector

In Janus, the Court’s “Originalists” Show Their True Colors

June 28, 2018

Janus: What Can States Do Now?

Janus and the Rise of Dark Money “Justice”