OnLabor

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Author:Jared Odessky

November 21, 2019
News & Commentary

Jared Odessky

United Auto Workers (UAW) President Gary Jones resigned yesterday after the union’s executive board announced it would commence removal proceedings against Jones and another UAW official, Vance Pearson. Jones and Pearson are said to have been involved in a corruption scheme in which officials attempted to cover up their use of UAW funds for personal […]

Interview with ACLU’s James Esseks on Bostock and Harris

Nov 7, 2019 Jared Odessky

On the latest episode of the Harvard Civil Rights-Civil Liberties Law Review‘s podcast Taking Liberties, Emily Morrow and I spoke to James Esseks, Director of the ACLU’s LGBT & HIV Project, about his thoughts coming out of oral argument for the Title VII LGBTQ cases. The interview touches on the fate of Price Waterhouse, the […]

November 7, 2019
News & Commentary

Jared Odessky

On Tuesday, the Seventh Circuit held that government employees who paid agency fees to public sector unions cannot recover fees collected prior to the Supreme Court’s 2018 decision in Janus v. AFSCME. The plaintiff in Tuesday’s case was Mark Janus himself. Writing for a three-judge panel, Chief Judge Diane Wood explained that the good-faith defense […]

October 24, 2019
News & Commentary

Jared Odessky

The National Labor Relations Board plans to reconsider its successor bar doctrine in a case called American Water. Under the doctrine, when a successor employer follows its legal obligation to recognize the previously chosen collective bargaining representative of its employees, the representative must have a reasonable period of time to bargain with the new employer […]

October 20, 2019
News & Commentary

Jared Odessky

At The New York Times, Noam Scheiber asks why there are so many workers on strike despite signs of a robust economy. He then explains that it is precisely because the economy is strong that employees are now fighting for their fair share of corporate profits and budget surpluses. While workers and labor leaders in […]

Commentary Round-up for Bostock and Harris Oral Arguments

Oct 10, 2019 Jared Odessky

On Tuesday the Supreme Court heard oral arguments in a group of cases that will determine whether Title VII’s prohibition against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. The unifying theme was division. Headlines from SCOTUSblog, The Washington Post, The Associated Press, BBC, NBC, Bloomberg, and Reuters all […]

October 10, 2019
News & Commentary

Jared Odessky

Yesterday The New York Times spotlighted a post-Janus battle in Alaska over public sector union membership. While Alaska has traditionally been friendly union territory, Governor Mike Dunleavy, a conservative Republican who took office late last year, has shown open hostility toward the state’s labor movement. Most recently, he issued an administrative order aimed at making […]

Bostock and Harris Oral Argument Transcripts

Oct 8, 2019 Jared Odessky

The Supreme Court has posted the transcripts of this morning’s oral arguments in Bostock (consolidated with Zarda) and Harris. Justice Gorsuch said that an interpretation of Title VII favoring LGBTQ workers will result in “massive social upheaval,” but early reports indicated he may be the conservative justice most open to the employees’ textualist arguments. Justice Kavanaugh was […]

September 26, 2019
News & Commentary

Jared Odessky

Yesterday the House Education and Labor Committee approved the Protecting the Right to Organize (PRO) Act in a 26-21 vote. It now proceeds to the House Committee on Rules. Among other reforms, the bill would broaden the definitions of employee and employer under the National Labor Relations Act (NLRA), bar employers from permanently replacing strikers, […]

September 12, 2019
News & Commentary

Jared Odessky

In response to the California legislature’s passage of Assembly Bill 5 (AB5), a bill that largely codifies the California Supreme Court’s decision last year in Dynamex Operations West, Uber is claiming that it will continue to classify its workers as independent contractors. Under prong B of the ABC test established in Dynamex, a worker who […]

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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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November 21, 2019

Interview with ACLU’s James Esseks on Bostock and Harris

November 7, 2019

October 24, 2019

October 20, 2019

Commentary Round-up for Bostock and Harris Oral Arguments

October 10, 2019

Bostock and Harris Oral Argument Transcripts

September 26, 2019

September 12, 2019