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Category:From Guest Contributors

Exotic Dancers Join the Debate over Dynamex

Jun 17, 2019 Matthew Carrieri

In February, Stormy Daniels published an op-ed arguing that exotic dancers should be “treated as freelancers, not employees.” In doing so, she criticized the California Supreme Court’s adoption of the “ABC test” in Dynamex. Under that test, a business that wants to classify a worker as an independent contractor must establish each of the following: […]

Weight-Based Discrimination: The State of the Law and Why it Should be Rethought

Jun 12, 2019 Randon Herrera

As it currently stands, Michigan is the only state in the union to explicitly prohibit employment discrimination on the basis of weight. That may change in the coming months, as a bill was recently filed in Massachusetts which seeks to ban weight-based employment discrimination. It is still too early to assess the likelihood of that […]

A Changing Landscape for Marijuana in the Workplace

Jun 10, 2019 Amy Maurer

While 33 states have legalized medical marijuana, the drug remains illegal under the Controlled Substances Act (CSA). Under the CSA, the possession, distribution, manufacture, and sale of marijuana are illegal. As the number of states with medical marijuana laws has grown, courts are forced to reckon with questions around conflicting state and federal laws. Medical marijuana […]

Rise Up Retail Helps Workers Win Severance

Jun 5, 2019 Matthew Carrieri

On September 18, 2017, Toys R Us filed for bankruptcy. The toy retailer had been in decline since at least 2000, but ran into real trouble after a consortium of private equity and real estate firms bought the ailing private company in 2005 in a $6.6 billion leveraged buy-out. The group intended to restructure the […]

Garcetti’s Impact on Teachers

Jun 3, 2019 Nathaniel Levy

The Supreme Court’s First Amendment decision in Garcetti (2006), which concerned the speech of public employees, has since been applied in several cases concerning public school teachers. Although some have been correctly decided, the reasoning lower courts have adopted dangerously suggests that virtually all teacher speech in schools and to students—whether made in the classroom, […]

Can States Ban Mandatory Arbitration of Harassment Cases?

May 30, 2019 Phoebe Bodurtha

When the #MeToo movement first emerged in 2017, state and federal lawmakers across the country rushed to introduce legislation aimed at combating workplace harassment. Now, just over a year later, legislative momentum has dwindled, leaving many #MeToo supporters dismayed by the inadequate legislative progress. While most state and federal legislatures changed only their own anti-harassment […]

How ICE Is Undermining Undocumented Immigrants’ Employment Rights—and What States Are Doing in Response

May 28, 2019 Randon Herrera

In 2017, ICE agents reportedly showed up to labor dispute proceedings at the California Division of Labor Standards Enforcement (DLSE) on two separate occasions in an attempt to arrest undocumented immigrant workers. Officials suspect that employers tipped off the agents. In theory, this kind of retaliation against undocumented immigrant workers trying to assert their labor […]

Are Women-Only Networking Apps Protected by Law?

May 28, 2019 Minnie Che

Bumble, originally created as a dating app, launched a feature in 2017 that allows members to use the app for professional networking. Called Bumble Bizz, this feature just released a filter for a “women only” mode, where only female-identifying users can see each other’s profiles and match with one another for networking and recruiting. The […]

Progressive Federalism in the Wake of Janus

May 22, 2019 Joe Ruckert

When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Court held that such agreements could not obligate non-consenting public-sector employees to pay “agency” or “fair share” fees to the unions which represented them and negotiated […]

The New Job Market is Online: YouTube

May 20, 2019 Minnie Che

For some, YouTube is a website to watch the occasional funny panda video. For others, it has become their primary source of income. One of the most successful examples of this is Dude Perfect, a channel featuring five guys who perform intricate trick shots – breaking world records for longest blindfolded basketball shots, most free-throws […]

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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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Exotic Dancers Join the Debate over Dynamex

Weight-Based Discrimination: The State of the Law and Why it Should be Rethought

A Changing Landscape for Marijuana in the Workplace

Rise Up Retail Helps Workers Win Severance

Garcetti’s Impact on Teachers

Can States Ban Mandatory Arbitration of Harassment Cases?

How ICE Is Undermining Undocumented Immigrants’ Employment Rights—and What States Are Doing in Response

Are Women-Only Networking Apps Protected by Law?

Progressive Federalism in the Wake of Janus

The New Job Market is Online: YouTube