In Janus, the Supreme Court held that the First Amendment prohibits mandatory agency fees in the public sector. Although Janus had nothing to do with the constitutional status of exclusive representation, the majority’s opinion mentions exclusive represe... More »
The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. But it seems odd that this Supreme Court would hand w... More »
As Boomberg Law reports, the NLRB general counsel’s office has issued a new memorandum declaring that Uber may not bar employees from discussing, amongst themselves or with the media, an ongoing class action lawsuit. The memorandum is good news for emplo... More »
Last spring, we promised to share information about the project we’ve launched at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law Reform.” On Labor Day, we laid out our vision for this ambitious project... More »
Harvard Law School’s Labor and Worklife Program is very pleased to announce the creation of a new academic fellowship to support the development of labor law scholars. The Wertheim Fund Labor Law Academic Fellow will receive approximately $50,000 per yea... More »
As divided as we have become as a country, we arrive at this Labor Day with a shared national understanding: both economic and political power are wildly out of balance, with dire consequences for the vast majority of Americans who find themselves on the losin... More »
In Janus, the Supreme Court held that agency fees amount to compelled speech that violates the First Amendment. As I’ve explained, the underlying premise of this theory is that agency fees are employees’ money that employees pay to a union. Because... More »
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... More »
Janus is a major blow, but Sharon and I lay out some ideas for moving forward in this Vox piece. More »
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 t... More »
The Harvard Law Review dedicated its latest issue to Judge Reinhardt and published a series of In Memoriam pieces about the Judge. The series is available here. My own contribution focused on Rizo v. Yovino, the Equal Pay Act case that Judge Reinhardt authored... More »