The Trump appointees on the NLRB have proposed a new “joint employer” rule that they claim will foster “predictability and consistency.” But, it is readily apparent that the proposed rule will not accomplish these goals. The proposed rule will, however, resul... More »
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 »
Earlier this month, Missourians reminded us that there were a lot of pro-union Trump voters. Some of these voters just care more about other issues, but others probably don’t realize how much Trump is trying to strip away the few rights workers have under ou... 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 »
In ruling on a case involving the rights of telephone company employees to wear union t-shirts while they were working, Brett Kavanaugh began his opinion with the observation that “common sense sometimes matters in resolving legal disputes.” But, as the case ... More »
This piece was originally published by the Biden Forum. There is no doubt that workers’ bargaining power is on the decline. Workers aren’t seeing the increase in wages that they’ve been waiting for since the end of the Great Recession. Notwithstanding historic... More »
In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.” The Occupational Safety and Health Administration (OSHA) investigated ... 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 »
“[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 »
After the oral argument in Epic Systems Corp. v. Lewis, I wrote that the five Republican appointees on the Supreme Court would have to put their thumbs heavily on the scale for the employers to prevail. Sadly, it was no surprise that this is exactly what happe... More »
In 1964, Congress outlawed discrimination in employment based on race or sex, yet there is still a significant gap in the wages paid to white men compared to wages paid to other groups. Last year, the City of Philadelphia tried to address this wage gap by pas... More »