Today, the National Labor Relations Board issued a proposed rule to change its joint employer standard. The proposed rule is the latest step in the Trump Board’s tortuous path to achieving its goal of replacing the Obama Board’s Browning Ferris Industries dec... More »
As divided as we have become as a country, we arrive at this Labor Day with a shared national understanding: both economic and political power are wildly out of balance, with dire consequences for the vast majority of Americans who find themselves on the losin... More »
If you can define success as preventing something bad from happening, the labor movement notched a victory Saturday morning for public sector collective bargaining rights. D.C. District Court Judge Ketanji Brown Jackson issued a strongly worded opinion, inval... More »
The New York Times editorial last week celebrating the landslide victory of the ballot initiative to repeal Missouri’s right-to-work (for less) law was entitled, “The Wind at Labor’s Back.” Those words haven’t been put together in that order in a long time, a... More »
Yesterday, President Trump nominated Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court. Kavanaugh currently serves as a judge on the United States Appeals Court for the District of Columbia Circuit. He was nominated to the D.C. ... More »
Some of the hottest questions in labor policy over the past few years have been: how big is the “gig economy” or the “fissured workplace” or the “on-demand sector”? The Bureau of Labor Statistics gave its surprising answer to this question last week: smaller... More »
“[S]peech on public issues occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.” Snyder v. Phelps, 562 U.S. 443, 452 (2011) (citation omitted). Nearly every brief filed in Janus v. AFSCME advocating for t... 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 »
Peter Robb, the NLRB General Counsel appointed by President Trump, has a change agenda for the agency. He recently took two actions that have garnered a great deal of attention among Board watchers. His announcements regarding a significant reorganization of... More »
Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors. (Ben and Sharon had called for this action in OnLabor last week here and here.) The Board’s unusual action follows a finding by the Board’s Inspec... More »
To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process. My only departure is that I don’t think Ben’s call for ... More »
The National Employment Law Project and the Partnership for Working Families are out today with a new report, “Uber State Interference: How Transportation Network Companies Buy, Bully, and Bamboozle Their Way To Deregulation”. The report provides a comprehens... More »