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Author:Maddy Joseph

Maddy Joseph is a student at Harvard Law School.

Coverage After the Janus Oral Argument

Feb 28, 2018 Maddy Joseph

The Supreme Court heard oral argument on Monday in Janus. Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effects of overruling Abood on collective bargaining and the ability of governments to manage their workforces. Justice Gorsuch was […]

Janus Oral Argument Transcript

Feb 26, 2018 Maddy Joseph

The Supreme Court has posted the transcript of this morning’s oral argument in Janus. Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument. We’ll have more coverage of the oral argument later this week.

February 23, 2018
News & Commentary

Maddy Joseph

In advance of Monday’s oral argument in Janus, Bloomberg and the New York Times consider what might become of public sector unions if Abood is overruled. In These Times has a long feature on the advocacy groups who are funding not only Janus but also other efforts to undermine public sector unions. Key groups include the National Right to Work Foundation, whose legal fund represents […]

February 9, 2018
News & Commentary

Maddy Joseph

In the first gig economy worker classification case to go to trial, a federal magistrate judge ruled yesterday that a GrubHub worker was an independent contractor under California law. The decision could have ramifications in suits against other gig companies like Uber and Lyft. See coverage of the ruling here, here, and here. Ben Sachs […]

February 2, 2018
News & Commentary

Maddy Joseph

The NLRB inspector general is investigating whether Board member William Emanuel broke government ethics rules when he took part in the Board’s recent actions overturning the Obama-era joint employer standard, ProPublica reports. Before Trump appointed Emanuel to the Board, Emanuel was a shareholder in and employee of Littler Mendelson, a law firm involved in Browning-Ferris, […]

Janus Amicus: Economists & Law Professors

Jan 30, 2018 Maddy Joseph

A group of over two dozen economists and law and economics professors filed an amicus in Janus in support of the respondents. The brief argues that “decades if not centuries of economic theory and empirical evidence” establish that many who pay agency fees are not union objectors but free riders. The brief draws first on Mancur Olson’s […]

Janus Amicus: Labor & Employment Law Professors

Jan 29, 2018 Maddy Joseph

Several leading professors of labor and employment law have filed an amicus brief in support of the respondents in Janus. The brief, authored by Samuel Estreicher, was filed by Cynthia Estlund, Estreicher, Julius Getman, William Gould, Michael Harper, and Theodore St. Antoine. The brief makes a functional argument for public sector collective bargaining. Employees expect, and […]

Janus Amicus: Ben Sachs

Jan 22, 2018 Maddy Joseph

An amicus filed on Friday in Janus and based on Ben’s new article Agency Fees and the First Amendment, 131 Harv. L. Rev. 1046 urges the Court to reject Janus’s challenge on the ground that it does not raise a valid First Amendment claim. The amicus argues that mandatory agency fees should be treated not as compelled employee […]

January 19, 2018
News & Commentary

Maddy Joseph

NLRB General Counsel Peter Robb may be seeking to reorganize the NLRB’s field offices, Bloomberg reported yesterday. His proposal involves consolidating regional offices and placing at the top of each an official who would report directly to him. This could strengthen central control over regional offices and reduce the number of officials who have the authority to […]

AFSCME’s Brief in Janus

Jan 18, 2018 Maddy Joseph

AFSCME filed its response brief in Janus last week. It defends Abood‘s distinction between collective bargaining and lobbying as doctrinally sound and makes a number of other arguments. Jurisdiction AFSCME first argues that the Court lacks subject matter jurisdiction. Janus originated as an action for declaratory judgment by the Governor of Illinois, who wanted to impound agency fees […]

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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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Coverage After the Janus Oral Argument

Janus Oral Argument Transcript

February 23, 2018

February 9, 2018

February 2, 2018

Janus Amicus: Economists & Law Professors

Janus Amicus: Labor & Employment Law Professors

Janus Amicus: Ben Sachs

January 19, 2018

AFSCME’s Brief in Janus