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 »
As Boomberg Law reports, the NLRB general counsel’s office has issued a new memorandum declaring that Uber may not bar employees from discussing, amongst themselves or with the media, an ongoing class action lawsuit. The memorandum is good news for emplo... More »
As divided as we have become as a country, we arrive at this Labor Day with a shared national understanding: both economic and political power are wildly out of balance, with dire consequences for the vast majority of Americans who find themselves on the losin... More »
On Saturday, Judge Ketanji Brown Jackson for the U.S. District Court for the District of Columbia rejected a series of President Trump’s executive orders. Jackson ruled that boosting federal agencies’ firing rights would deny collective bargaining rights for ... More »
The Fifth Circuit recently ruled that the fast-food chain In-N-Out Burger violated the National Labor Relations Act when it prohibited employees from wearing “fight for 15” buttons at work. Amanda Healey wore a quarter-sized button in April of 2015, and a co... More »
In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants. Jimmy John’s may control mayonnai... More »
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 »
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 »
Friday was a big day for unionization efforts in New England. Late in the afternoon, election results revealed that Harvard University teaching and research assistants had voted to unionize. During the election held on April 18 and 19, 1,931 ballots were cast... More »
As Sharon recently covered, in January the National Labor Relations Board’s General Counsel announced a proposal to overhaul the agency’s long-standing structure of local offices. Though some details remain sketchy, reports suggest that the idea is to consolid... More »
So far, President Trump has appointed a Supreme Court Justice, Neil Gorsuch, who may cast the deciding vote to upend decades of settled labor law in two major cases, Epic Systems Corp. v. Lewis and Janus v. AFSCME; he has nominated dozens of right-wing lawyers... More »
To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process. My only departure is that I don’t think Ben’s call for ... More »
June 3rd, 2018