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Sectoral Approach for Domestic Workers

Published July 16th, 2019 -

This week, Senator Kamala Harris and Representative Pramila Jayapal introduced the National Domestic Workers Bill of Rights (HR 3760 and S 2112).  The bill provides a number of important protections for domestic workers.  The bill corrects several historical e... More »

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Advocating for a Workers’ Advocate

Published June 27th, 2019 -

With gridlock in Congress the norm for the foreseeable future, the federal regulatory process has taken on greater importance as a policy tool.  But relying on the regulatory process to advance progressive, pro-worker policy is problematic.  The modern federal... More »

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More Epic Fall Out: Your Lawsuit or Your Job

Published June 24th, 2019 -

Last year, Ben and I flagged concerns about the breadcrumbs that the Supreme Court dropped in its opinion in Epic Systems v. Lewis on the path to narrowing the National Labor Relations Act’s protection for concerted activity.  A recent filing by the Board’s Ge... More »

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Questionable Opinion About the Gig Economy

Published May 8th, 2019 -

As OnLabor covered last week (here and here), the Department of Labor recently issued an “opinion letter” finding that the workers deriving income from an unnamed “virtual marketplace company” are independent contractors and not employees covered by the Fair L... More »

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The Trump NLRB Just Made Labor Law Even More Toothless

Published April 9th, 2019 -

One of the most widely observed weaknesses in federal labor law is the absence of effective remedies.  Scholars have been writing about this problem for decades, and a Human Rights Watch report issued in 2000 described a “culture of near-impunity” resulting fr... More »

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Your Tax Dollars at Work at the NLRB

Published March 29th, 2019 -

The House Education and Labor Committee recently revealed that the Trump appointees on the NLRB are hiring a private contractor to help review the public comments submitted in response to their proposed joint employer rule.  NLRB Chairman John Ring told the Me... More »

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So Much for the Concern About “Micro-Units”

Published March 7th, 2019 -

When Donald Trump was elected, one of the top priorities for the Chamber of Commerce at the NLRB was to overturn the Specialty Healthcare decision that clarified the test for determining when a union’s proposed bargaining unit must include an additional group ... More »

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NLRB Changes Course on Charter Schools

Published February 22nd, 2019 -

Earlier this month, the National Labor Relations Board announced that it again would wade into the murky waters of whether charter schools are employers under the National Labor Relations Act.  The question that the Board has put before itself this time, howev... More »

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Trump Judges vs. Trump Voters

Published February 6th, 2019 -

According to CNN’s exit polls, Donald Trump won the Presidency due to his support among voters who were over 45.  Hillary Clinton was favored by 53% to 39% for voters under age 45, while Trump won older voters by a 52% to 44% margin.  I’m sure very few of thos... More »

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The Supreme Court Got it Half Right in New Prime

Published January 24th, 2019 -

When the Supreme Court issued its decision in New Prime Inc. v. Oliveira last week, it was reported as a win for workers.  While that’s true, it was more like winning a consolation game after a bad call by a ref deprived you of your rightful place in the champ... More »