Aftershocks of Jarkesy: An Omen for Agency Adjudication

In July, the Third Circuit ruled that the Department of Labor (DOL) cannot adjudicate certain employment-related claims essential to its mission, citing the landmark 2024 U.S. Supreme Court case, Securities and Exchange Commission v. Jarkesy. DOL recently requested rehearing en banc. But in the meantime, DOL’s ability to vindicate workers’ rights remains unclear. Sun Valley Orchards and […]

The Sixth Circuit Made It Harder to Hold Employers Liable for Customer Harassment. It Shouldn’t Have.  

Customer harassment of service workers is all too common in the United States. Across industries, workers — especially women — report facing sexual harassment from customers. In addressing this issue, the EEOC and courts have typically applied a negligence standard to determine employer liability for third-party harassment under Title VII of the Civil Rights Act, which prohibits sex harassment […]

The Expanding Scope of the Ministerial Exception

Our nation’s cornerstone workplace discrimination law, Title VII of the Civil Rights Act of 1964 prohibits employers from “discriminating on the basis of race, color, religion, sex, or national origin.” Since its enactment, Title VII has applied broadly across the American workforce, but its reach has often been contested by religious institutions asserting religious freedom. Addressing […]

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From The Editor

From The Editor

Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations.

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Ruelas v. County of Alameda — California Pretrial Detainees Denied Minimum Wage for Corporate Labor (Part 1)

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