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Second Circuit Judges Teach Interns a Valuable Lesson

Published January 2nd, 2018 -

Unpaid interns who sued Hearst magazines under the Fair Labor Standards Act (FLSA) recently learned an important lesson:  judges often make law in the guise of statutory interpretation.  The lawsuit against Hearst, along with a similar lawsuit against Fox Sear... More »

Miscimarra’s Parting Shot: Was It a December Massacre?

Published December 19th, 2017 -

In recent years, the end of a National Labor Relations Board member’s term occasioned an odd death watch for controversial precedent.  Last week, Board Chair Phil Miscimarra finished his term with a flurry of big decisions, including five cases that overturned... More »

Sexual Harassment and our Undemocratic Workplaces

Published November 27th, 2017 -

Over the last few weeks, we’ve seen a flood of alarming reports about powerful men who have engaged in repeated acts of sexual harassment, sometimes stretching across decades.  Many women who had previously remained silent or shared their stories only with clo... More »

Backhanded Compliment: Acosta Threatens Workers Centers

Published November 20th, 2017 -

In his hearing before the House Education and Workforce Committee last week, Labor Secretary Alex Acosta issued an ominous warning to worker centers across the country. When asked by Rep. Francis Rooney (R. Fla.) whether the Department of Labor would begin reg... More »

The Democrats: Unmoored, and Unable to Compete

Published October 24th, 2017 -

Recently the Times chronicled the devastation of the Democratic Party in Iowa, a former swing state that now has a Republican Governor, two Republican Senators, three Republican Representatives (out of four total), and an electorate that voted for Donald Trump... More »

A Narrow Preemption Exception

Published October 23rd, 2017 -

The Ninth Circuit issued a decision this week on whether the City of Los Angeles can include in its contracts with companies doing business at LAX a requirement that they enter into labor peace agreements or whether such a contract clause is preempted by the N... More »

NFL Anthem Protests Highlight Another Flaw in Labor Law

Published October 20th, 2017 -

While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker c... More »

Kaepernick’s Grievance and Fancy Retaliation Theories

Published October 18th, 2017 -

It seems like ages ago, but before the President starting telling NFL owners whom to fire, the big anthem story had been the failure of any NFL team to hire Colin Kaepernick out of free agency. Now that topic is back with Kaepernick filing a grievance against ... More »