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The NLRB’s Joint Employer Rule Fails its Own Test

Published September 17th, 2018 -

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 »

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Joint Employer NPRM: Hy-Brand Returns

Published September 17th, 2018 -

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 »

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At Trump’s NLRB, Workers Don’t Even Get a Hearing

Published August 31st, 2018 -

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 »

New Work Towards a New Labor Law

Published August 16th, 2018 -

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 »

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Brett Kavanaugh, “Common Sense,” and Class Prejudice

Published July 12th, 2018 -

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 »

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Watch Out Workers, Here Comes Brett Kavanaugh

Published July 10th, 2018 -

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 »

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The Kavanaugh Nomination and Labor

Published July 10th, 2018 -

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 »

Trump’s Justice Sticks it to Workers

Published May 24th, 2018 -

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 »