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Janus Amicus Brief: Charles Fried & Robert Post

Dec 12, 2017 Maddy Joseph

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this Court to accede to petitioner’s request categorically to hold public-sector agency fees unconstitutional under the First Amendment.” […]

January 12, 2017
News & Commentary

Alexa Kissinger

The New York Times’s “Live Briefing” is tracking Day 3 of the Trump Administration’s Cabinet confirmation hearings. Today, General James Mattis, nominee for defense secretary, Rep. Mike Pompeo, nominee for CIA director, and Dr. Ben Carson, nominee for housing and urban development secretary will testify. According to Business Insider, Amazon announced today that it would […]

Gig News: NLRB Sides With Uber Drivers in Challenge of Class Action Waivers

Nov 2, 2016 Jon Weinberg

In a significant court filing with the Ninth Circuit Court of Appeals, the National Labor Relations Board has backed Uber drivers challenging the validity of driver arbitration clauses with class action waivers, and signaled that the legality of such clauses is an issue of “national significance.” The Ninth Circuit is currently considering in, O’Connor v. Uber, the enforceability of […]

Gig News: Ninth Circuit Upholds Enforceability of Uber's Driver Arbitration Agreements

Sep 8, 2016 Jon Weinberg

In a major ruling with significant ramifications for class actions challenging the classification of Uber drivers as independent contractors, the Ninth Circuit Court of Appeals in Mohamed v. Uber held that the majority of Uber’s driver arbitration agreements are in fact enforceable. In so doing, the Ninth Circuit reversed the determination of Judge Edward Chen of the […]

June 7, 2016
News & Commentary

Jon Weinberg

While the O’Connor settlement awaits approval, Uber has made a series of changes designed to appeal to drivers. The New York Times reports that “drivers can more easily pause ride requests” and that drivers can now be paid instantly. Uber will also start rides two minutes after drivers arrive at a user’s location and work with partners to […]

May 26, 2016
News & Commentary

Jon Weinberg

As the debate over the proposed settlement in O’Connor v. Uber continues, some advocates have focused on how deference to arbitration agreements is a fundamental problem. Katherine V.W. Stone writes for the Economic Policy Institute that “it is now more clear than ever that everyone who cares about employment rights and the fair treatment of workers should support […]

Gig News: Named Plaintiff, Others Object to Uber Settlement

May 17, 2016 Jon Weinberg

Caroline O’Donovan reports for Buzzfeed that named plaintiff Douglas O’Connor is among those who have filed objections to the proposed settlement in O’Connor v. Uber, the federal class action challenging the classification of Uber drivers as independent contractors. O’Connor “is removing his name from the landmark class-action suit for which he was a key plaintiff. He is […]

Gig News: As Debate Over Uber Settlement Continues, Three Federal Judges Dismiss Similar Suits

May 10, 2016 Jon Weinberg

While debate continues over the proposed settlement in O’Connor v. Uber, three other federal cases (summarized below) were recently dismissed by federal district judges who enforced Uber’s mandatory arbitration clauses. According to the judges in these cases, because Uber’s arbitration clauses delegate questions of arbitrability to an arbitrator and contain satisfactory opt-out and class action […]

Gig News: O'Connor Documents Show Uber Drivers Owed $730 Million if Employees

May 10, 2016 Jon Weinberg

Reuters reports that court documents made public yesterday show Uber drivers covered by the O’Connor class action, namely those who worked for Uber in California and Massachusetts over the past seven years, would be owed an estimated $730 million in expense reimbursements alone if they were found to be employees. Meanwhile, the O’Connor settlement, if […]

Teamsters to form its own Uber "Drivers' Association" in Cal.

Apr 22, 2016 Benjamin Sachs

On a day of huge Uber news, there’s another interesting item. According to a Teamsters’ press release, Teamsters Joint Council 7 “notified Uber of their intent to organize California drivers” yesterday – the day before Uber announced its intent to create a drivers’ association (as part of the O’Connor settlement). As the union press release states, “After receiving overwhelming outreach […]

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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 Amicus Brief: Charles Fried & Robert Post

January 12, 2017

Gig News: NLRB Sides With Uber Drivers in Challenge of Class Action Waivers

Gig News: Ninth Circuit Upholds Enforceability of Uber's Driver Arbitration Agreements

June 7, 2016

May 26, 2016

Gig News: Named Plaintiff, Others Object to Uber Settlement

Gig News: As Debate Over Uber Settlement Continues, Three Federal Judges Dismiss Similar Suits

Gig News: O'Connor Documents Show Uber Drivers Owed $730 Million if Employees

Teamsters to form its own Uber "Drivers' Association" in Cal.