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Protecting Worker Power with Antitrust

Published February 19th, 2019 - and

Workers principally have two ways to exercise power in the labor market: exit and voice (as labor scholar and former Department of Labor Administrator David Weil has explained). Labor law is concerned with worker voice, namely the right of workers to engage in... More »

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Google to NLRB: Shut Down Employee Email Access

Published January 30th, 2019 - and

This past November, 20,000 Google employees staged global, rolling walkouts protesting gender and racial discrimination at the company. Employees had been organizing to address these issues for some time when a New York Times article, published in late October... More »

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Antitrust Laws and Collective Action

Published January 7th, 2019 -

Charlotte Garden’s insightful essay at Take Care about how antitrust laws are being used as a bludgeon against union collective action immediately brings to my mind Andrew Strom’s OnLabor post about the so-called “Powell Memo.” My hope is that considering thes... More »

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Cross Border Reflections on the Future of Labor Law Reform

Published January 2nd, 2019 -

U.S. labor law professors have long looked north of the border for ideas on how to breathe new life into the ‘ossified’ National Labor Relations Act. This outward gaze was inspired by Paul Weiler, Canada’s greatest labor law export, who moved to Harvard Law Sc... More »

 

A Bad McSettlement

Published January 29th, 2018 -

The NLRB’s General Counsel recently sought a 60-day stay to try to settle unfair labor practice charges filed by the Fight for $15 campaign against McDonald’s and various franchisees as joint employers equally responsible for illegal retaliation. While Board p... More »

 

After Work: Automation and Employment Law, Part Three

Published August 3rd, 2017 -

For over a century, workers and their organizations have struggled to raise labor standards and expand employee rights and benefits.  Whatever the benefits to workers and the society, to any one private firm those laws represent a tax on employing human labor,... More »

 

After Work: Automation and Employment Law, Part Two

Published August 2nd, 2017 -

The challenge of automation is in many ways continuous with the challenges of “fissured” work – to use David Weil’s influential formulation.  In particular, both trends are driven in significant part by the costs and risks of employing human beings.  According... More »

 

After Work: Automation and Employment Law, Part One

Published August 1st, 2017 -

The labor world took notice when Andy Stern emerged from a years-long deep dive into the future of work, and concluded that the future will bring a lot less work.  His book, Raising the Floor, helped to spur a debate over the universal basic income (UBI), incl... More »