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 »
In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. To our relief, Epic Systems do... More »
The Competitive Enterprise Institute has weighed in on our debate over flexibility in the gig economy with a new piece by Trey Kovacs. Their bottom line: they agree with my analysis of the law but object to the “burdens” (what I’d call minimu... More »
Professor Estlund argues that if gig firms have to classify their workers as employees (as I believe the law now requires, and as the Dynamex decision makes more likely), those firms will respond by “exercising greater control over hours and scheduling, ... More »
Today’s Philadelphia Inquirer reports on the death of Pablo Avendano, a 34-year old bike messenger who was killed while delivering food for Caviar, the app-based food delivery service. Because Avendano was classified as an independent contractor and not ... More »
We’ll have more complete analysis in the days ahead, but, as Ross reports, the California Supreme Court has issued a decision with major implications for Uber, the gig economy, and the question of worker classification more broadly. In Dynamex Operations... More »
In the weeks ahead, we’ll be sharing more about a project that Sharon and I are launching at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law.” With support from the Ford Foundation and joined by a wide ... More »
A huge loss for the country. And a huge loss for workers and the movements that support them. More »
As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the defin... More »
Cindy Estlund (NYU Law Professor and OnLabor contributor) has a terrific new piece in the Harvard Law Review. In Rethinking Autocracy at Work, Estlund reviews Elizabeth Anderson’s Tanner Lectures (published as Private Government) which “aim to brin... More »
I have a new essay in the Texas Law Review that aims to help explain how a legal regime like labor law can (if actually enforced) facilitate organizing and collective action. The essay – Law, Organizing, and Status Quo Vulnerability – draws on soc... More »
By Sharon Block and Benjamin Sachs In September, we shared our plan to hold a symposium at Harvard Law on the question of whether it is time to end labor preemption. The symposium brought together leading labor law scholars and practitioners to wrestle with t... More »