The upcoming Supreme Court term is already brimming with consequential employment law issues on its argument docket. But fair warning: There is little promise that the Court’s treatment of these issues will advance the cause of workplace justice or please cur... More »
Here is a glimpse at the Supreme Court’s labor and employment decisions for the term that ended in June of 2019. Compared to the carnage of a year ago, when the Janus and Epic double whammy dealt punishing blows respectively to public sector unions and to cla... More »
Charlotte Garden’s insightful essay at Take Care about how antitrust laws are being used as a bludgeon against union collective action immediately brings to my mind Andrew Strom’s OnLabor post about the so-called “Powell Memo.” My hope is that considering thes... More »
To punctuate Aubrey Sparks’ insightful May 16, 2018, post about state constitutions as a source of workers’ rights, take a look at what the North Carolina Supreme Court just did. The Court held that a long-ignored provision of the North Carolina Constitution s... More »
Last week the Supreme Court passed up an opportunity to resolve a hotly disputed aspect of employment arbitration law: Whether judges or arbitrators should decide whether class (or collective) arbitration is available when an arbitration agreement is silent on... More »
Last term’s Supreme Court decisions, particularly in the employment area, suggest that the Court was simply marking time while it functioned without a ninth Justice and Presidential politics occupied center stage. But to this observer, the thin and relatively ... More »
Jonathan R. Harkavy, a lawyer, arbitrator and mediator, has taught labor and employment law at Wake Forest School of Law and corporate finance at Duke Law School and the University of North Carolina at Chapel Hill School of Law. He has written and lectured wi... More »