The employers in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc. hired Paul Clement, one of the most formidable Supreme Court advocates, to present their oral argument, but even he couldn... More »
A couple of weeks ago, a House Education and the Workforce Subcommittee held a hearing on another bill to dismantle basic workplace protections. The bill, H.R. 3441, dishonestly labeled the “Save Local Business Act,” could more properly be titled, the “Shield... More »
Among the scariest images of Hurricane Irma were two collapsed cranes at construction sites in Miami. If you’re wondering why Miami doesn’t have stricter laws regulating construction cranes, the answer is that when Miami enacted a law requiring cranes to with... More »
Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s ... More »
When the statements of a United States Senator lead to the conclusion that he is either ignorant or acting in bad faith, I think the more charitable approach is to assume that the Senator is simply uninformed. And, after watching Senator Lamar Alexander, the ... More »
Two recent circuit court decisions highlight how much the composition of the Board and the courts affects rights protected by the National Labor Relations Act. One case, MikLin Enterprises v. NLRB, addressed whether workers at a Jimmy John’s franchise had los... More »
The Republicans have rightly been criticized for refusing to hold hearings on their bill to repeal the Affordable Care Act, but even when they do hold Congressional hearings, the only benefit to the public is to reveal how little they seem to care about fact-f... More »
According to the sworn testimony of former FBI Director James Comey, President Trump pulled him into a private meeting in the oval office and said, about the FBI’s ongoing investigation of former national security advisor Michael Flynn, “I hope you can let thi... More »
I recently proposed a Workers’ Bill of Rights, and invited others to respond with suggestions for other rights that should be included. I did receive some helpful comments, and in response I would propose adding three additional rights to the ones I had previ... More »
Except for about a month in the summer of 2009 when the Democrats had 60 votes in the Senate, for the entire twenty-first century any proposal to substantially increase workers’ rights at the national level has had to be prefaced by the comment that, “of cours... More »
In February, teaching fellows in eight departments at Yale University voted in favor of union representation. Rather than bargain with the teaching fellows’ union, Yale has insisted upon first exhausting its appeals, apparently hoping that Donald Trump’s yet-... More »
Not surprisingly, at Neil Gorsuch’s confirmation hearing, the Democratic Senators didn’t succeed in getting Judge Gorsuch to reveal much about his views. Instead, Gorsuch insisted that “if I were to start telling you which are my favorite precedents or which ... More »