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 »
The Trump NLRB has held that an employer may withdraw recognition from a union even if the union has the support of a majority of workers at the time of withdrawal. This decision is yet another reminder that the Trump appointees have repeatedly chosen to prot... More »
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 »
In her second post on the Uber/Lyft drivers’ association, Veena Dubal rightly celebrates the success of the recent Uber/Lyft work stoppages. The example of workers, who have no labor or employment law rights, engaging in the kind of collective action that she... More »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »