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Just a Little Pique at the Supreme Court’s Most Recent Term

Jul 25, 2019 Jonathan R. Harkavy

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 class litigation, the term just ended was comparatively tame. […]

Héctor and Me

Jul 24, 2019 David Prouty

I first met Héctor Figueroa in the late 1980s. I was a young labor lawyer based in New York but traveling all over the South working on organizing campaigns (the NLRB kind, if you can remember back that far). Héctor was a young staffer in the Research Department of the Amalgamated Clothing and Textile Workers […]

Addressing Racial Exclusion Through Sectoral Bargaining

Jul 23, 2019 Christine Blumauer

In the recent conversation between Veena Dubal and Benjamin Sachs and Sharon Block, there is solid agreement around the need to grant collective bargaining rights to platform workers. Yet the right way to get there is subject of intense debate. However, underneath this debate, lies a more fundamental question: what do collective bargaining rights, set […]

Remembering Héctor Figueroa

Jul 23, 2019 Brishen Rogers

Héctor Figueroa hired me into my first job in the labor movement. In 2000, he and a new leadership team began at SEIU Local 32BJ, the massive building services union centered in New York City. Héctor was initially the Secretary-Treasurer (essentially the third-in-command) and political director. One of the union’s first major initiatives was to […]

Sleeping to the Top: Recognizing a Sex-Based Stereotype

Jul 8, 2019 Amy Maurer

In February, the Fourth Circuit ruled on Parker v. Reema Consulting Services., holding that rumors in the workplace that a female manager received a series of promotions because she was sleeping with a male manager constituted sexual harassment under Title VII. The court based this ruling on the finding that there exists a persistent and […]

Wrestler Misclassification: The WWE’s Continued Chokehold over Its Performers

Jul 3, 2019 Randon Herrera

For those who have yet to cue in, professional wrestling is fake—the conflicts are fabricated, the fights are choreographed, and the maneuvers are (in theory) designed to prevent injury. Yet, for anyone who has spent even a few minutes watching World Wrestling Entertainment (WWE), it should come as no surprise that the dangers of professional […]

In SuperShuttle, the Politics of Employment Status Tests Laid Bare

Jul 1, 2019 Matthew Carrieri

Earlier this year, the NLRB decided SuperShuttle DFW, Inc. v. Amalgamated Transit Union Local 1338. In that case, the Board determined that a shuttle company’s drivers were correctly classified independent contractors. The Board took that opportunity to revise its test of employment status, placing the vaguely defined idea of “entrepreneurial activity” at the center of […]

Moussouris v. Microsoft and Gender Discrimination Liability—or Lack Thereof—Post-Dukes

Jun 26, 2019 Hillary Black

Among the many accounts of gender discrimination at work that have emerged recently is a Title VII claim against Microsoft. The allegations describe Microsoft’s culture as a “boys’ club” environment where employees call women derogatory names, and where women receive less professional support than do men. The plaintiffs also allege sexual misconduct that Microsoft has […]

The Fight for Fair Pay in New York’s Home Healthcare Industry

Jun 25, 2019 Amy Maurer

Home healthcare workers provide essential care to some of the most vulnerable members of our society. Despite the important services these workers provide, jobs in the home care industry are generally characterized by low pay and difficult working conditions. On March 26, the New York State Court of Appeals, issued its decision in the joint […]

Workplace Ableism Is a Problem for ADA Rights

Jun 19, 2019 Nathaniel Levy

Workplace ableism is hostile to employees with disabilities Imagine, if you will, a woman in her 30s with a masters degree who works for a healthcare research non-profit. She has Crohn’s disease and fibromyalgia, so the routine activities of a weekday can, at times, be tiring. After showering or getting dressed, for example, she sometimes […]

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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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Just a Little Pique at the Supreme Court’s Most Recent Term

Héctor and Me

Addressing Racial Exclusion Through Sectoral Bargaining

Remembering Héctor Figueroa

Sleeping to the Top: Recognizing a Sex-Based Stereotype

Wrestler Misclassification: The WWE’s Continued Chokehold over Its Performers

In SuperShuttle, the Politics of Employment Status Tests Laid Bare

Moussouris v. Microsoft and Gender Discrimination Liability—or Lack Thereof—Post-Dukes

The Fight for Fair Pay in New York’s Home Healthcare Industry

Workplace Ableism Is a Problem for ADA Rights