OnLabor

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Author:Juhyung Harold Lee

January 7, 2016
News & Commentary

Juhyung Harold Lee

There may be more than one First Amendment issue at play in Friedrichs v. California Teachers Association, which the Supreme Court will hear on Monday. Writing in the American Prospect, Sarah Posner suggests that “[w]hile the plaintiffs in Friedrichs base their claims on a free speech argument that many find dubious, tucked away in the […]

December 24, 2015
News & Commentary

Juhyung Harold Lee

As throngs of shoppers flock to stores tonight for some last-minute holiday shopping, some of the retail employees stocking shelves and ringing up purchases may be working, essentially, for free. Mike Sunnucks of the Phoenix Business Journal reminds his readers that “[i]t’s actually legal under labor laws for retailers (and other employers) to have managers […]

December 20, 2015
News & Commentary

Juhyung Harold Lee

Per the Los Angeles Times and Arts Technica, Uber’s new driver agreement will not apply to drivers covered by the class action lawsuit currently pending in federal court. The new agreement prohibits drivers “from participating in or recovering relief under any current or future class-action lawsuits against the company, unless they opted out of that specific […]

Friedrichs Reply Brief

Dec 14, 2015 Juhyung Harold Lee

The petitioners have submitted their reply brief in Friedrichs v. California Teachers Association. Calling upon the Supreme Court to apply “exacting scrutiny” to the fair-share provisions at issue in Friedrichs, the petitioners contend that the respondents’ invocation of the “less-than-exacting” balancing test set forth in Pickering v. Board of Education is erroneous, as that test […]

December 10, 2015
News & Commentary

Juhyung Harold Lee

There is no question that gig firms like Uber are increasingly shaping the contours of “our rapidly changing labor market.” As Uber CEO Travis Kalanick would see it, his company is in the business of empowering workers to take “control over their time.” Yet the question, says Time‘s Rana Foroohar, is “how much control on-demand workers […]

Friedrichs Amici Brief: State Public Policy Research Organizations

Dec 9, 2015 Juhyung Harold Lee

In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. As Professor Fisk previously observed, Justice Scalia’s concurring and dissenting opinion in Lehnert v. Ferris Faculty Association may provide some insight into how he will come […]

Friedrichs Amicus Briefs: The Problem with Free Riders

Dec 2, 2015 Juhyung Harold Lee

In the run-up to oral argument in Friedrichs v. California Teachers Association — now set for January 11, 2016 — OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. Two opposing views have emerged on the effect of free riders on unions’ capacity for collective bargaining and, relatedly, […]

November 26, 2015
News & Commentary

Juhyung Harold Lee

As thousands of shoppers prepare to flock to Walmart stores tomorrow, they may be greeted by more than just rollback prices and Black Friday deals. Per Politico, two different labor groups — OUR Walmart, which split from the United Food and Commercial Workers International Union earlier this year, and the UFCW-backed Making Change at Walmart […]

Friedrichs Amicus Brief: United States

Nov 19, 2015 Juhyung Harold Lee

In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. Although federal employees are not directly implicated by the questions raised by Friedrichs, the U.S. Solicitor General has nonetheless filed an amicus brief asking the Supreme […]

Friedrichs Amici Brief: States for Respondents

Nov 19, 2015 Juhyung Harold Lee

In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. A number of states have also weighed in on the side of the Friedrichs respondents. In a brief submitted by the Attorney General of New York […]

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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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January 7, 2016

December 24, 2015

December 20, 2015

Friedrichs Reply Brief

December 10, 2015

Friedrichs Amici Brief: State Public Policy Research Organizations

Friedrichs Amicus Briefs: The Problem with Free Riders

November 26, 2015

Friedrichs Amicus Brief: United States

Friedrichs Amici Brief: States for Respondents