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Today’s News & Commentary — July 13, 2018

Published July 13th, 2018 -

Thousands of workers rallied in Columbus, Ohio yesterday, pushing for a solution to the country’s growing pension crisis, the Associated Press reports.  Congressional field hearings on the issue will be held today in Columbus at 2 p.m., and will include both o... More »

Janus and the Private Sector

Published July 3rd, 2018 -

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is... More »

Today’s News & Commentary — July 2, 2018

Published July 2nd, 2018 -

Minimum wages are rising across the country. On Sunday, San Francisco’s minimum wage reached $15 an hour for all businesses, the highest rate of any major U.S. city. (Seattle’s $15 minimum in effect last year applies only to large businesses with 501 or more e... More »

Trump on Janus

Published June 27th, 2018 -

Recognizing the potential folly in engaging with a Trump tweet, I thought it was worth two quick comments on what the President had to say about Janus. Here’s the tweet: Supreme Court rules in favor of non-union workers who are now, as an example, able t... More »

In Memoriam: Judge Stephen Reinhardt

Published June 13th, 2018 -

The Harvard Law Review dedicated its latest issue to Judge Reinhardt and published a series of In Memoriam pieces about the Judge. The series is available here. My own contribution focused on Rizo v. Yovino, the Equal Pay Act case that Judge Reinhardt authored... More »

Weekend News & Commentary — June 9 – 10, 2018

Published June 10th, 2018 -

Starting tomorrow, no Costco employee will earn below $14 an hour.  While some locations already saw a $13.50 an hour minimum wage, the new mark, which nearly doubles the federal minimum of $7.25, signals that the “fight for $15” is edging forward, and the nat... More »

Weekend News & Commentary — June 2 – 3, 2018

Published June 3rd, 2018 -

Boeing pursues an NLRB appeal of the unionization vote of a “micro unit” of plant workers in Charleston, South Carolina; before the vote, the NLRB had made an anti-union reversal a little more likely.  As Bloomberg Law reported on Friday, an ethics official fo... More »

Weekend News & Commentary — May 19–20, 2018

Published May 20th, 2018 -

Cornell University violated the National Labor Relations Act in March of 2017, but Cornell Graduate Students United (CGSU) will not receive a unionization revote, an independent arbitrator ruled last week.  In an email sent twenty-four hours prior to the elect... More »

Uber, Flexibility and Employee Status

Published May 18th, 2018 -

Professor Estlund argues that if gig firms have to classify their workers as employees (as I believe the law now requires, and as the Dynamex decision makes more likely), those firms will respond by “exercising greater control over hours and scheduling, ... More »

Today’s News and Commentary — May 16, 2018

Published May 16th, 2018 -

Thousands of teachers in North Carolina are rallying at the capitol today for the planned “March for Students and Rally for Respect.”  Forty-two school districts—accounting for over half of the state’s public school students—canceled school as up to 20,000 tea... More »

Weekend News & Commentary — May 5–6, 2018

Published May 6th, 2018 -

Immigrations and Customs Enforcement Acting Director Thomas Homan is retiring in June, but continues to escalate worksite enforcement efforts. Homan appears to be delivering on his promise last fall to oversee a four or fivefold rise in rates of workplace immi... More »

Looks like the gig is up for Uber in California

Published May 1st, 2018 -

We’ll have more complete analysis in the days ahead, but, as Ross reports, the California Supreme Court has issued a decision with major implications for Uber, the gig economy, and the question of worker classification more broadly. In Dynamex Operations... More »