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A Response to “Rethinking Wage Theft Criminalization”

Apr 20, 2018 Terri Gerstein and David Seligman

In his recent post, “Rethinking Wage Theft Criminalization,” Ben Levin argues that “the impulse to use criminal law for ‘progressive’ ends”—like combatting wage theft—“is dangerous; it serves to bolster the carceral state and all of its deep structural flaws.” We write from the perspectives of lawyers who have had extensive experience protecting workers’ rights, one […]

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Apr 19, 2018 Boyd Garriott

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what happens in the private sector?” Her question may prove prescient, considering that five justices […]

The Supreme Court Quietly Made a Big Change to Wage and Hour Law

Apr 16, 2018 Andrew Strom

Two weeks ago, the Supreme Court decided Encino Motorcars, LLC v. Navarro, one of those “boring” cases that no one pays attention to. The question in the case was whether service advisors at car dealerships are exempt from the Fair Labor Standards Act (FLSA), and at first glance it would appear not to matter […]

April 13, 2018
News & Commentary

Jyoti Jasrasaria

New York Governor Andrew Cuomo signed legislation yesterday that is aimed at protecting public workers’ rights in advance of the Supreme Court’s potentially adverse ruling in Janus v. AFSCME Council 31. The new law allows unions to deny full benefits to workers that opt out and makes it easier for unions to receive dues. “Too […]

Hotels’ Green Programs Mistake the Meaning of Sustainability

Mar 30, 2018 Ginger Jackson-Gleich

The NY Times and several national newspapers recently reported that a number of hotel chains have begun offering rewards to guests who agree to forgo housekeeping services. Those rewards can range from $5-10 in daily food and beverage credits, to significant rewards points, to other forms of vouchers for hotel services. In exchange, guests decline […]

March 30, 2018
News & Commentary

Jyoti Jasrasaria

Yesterday, President Trump made his first public appearance in five days, speaking with local workers in Richfield, Ohio. ABC News reports that he publicized his administration’s $1.5 trillion infrastructure plan, expressing openness to a piecemeal approach in recognition of Congress’s lack of movement on the proposal. Richard Trumka, president of the A.F.L.-C.I.O., expressed his skepticism […]

March 21, 2018
News & Commentary

Jyoti Jasrasaria

Bloomberg Law reports that congressional lawmakers are negotiating a funding bill for the government that would include a provision to calm controversy surrounding a proposed Department of Labor rule about pooling tips. The proposed DOL rule would reverse an Obama-era regulation stating that tips are the property of employees who earn them and cannot be […]

March 2, 2018
News & Commentary

Jyoti Jasrasaria

Yesterday, President Trump announced that he would impose tariffs on steel and aluminum imports, effectively taxing every foreign shipment of those metals into the United States. The New York Times reports that the announcement was made despite strong pushback from American companies and foreign officials. Utah Senator Orrin G. Hatch, Republican and Chairman of the […]

February 16, 2018
News & Commentary

Jyoti Jasrasaria

Yesterday, the Senate rejected a White House immigration proposal that would have increased border security, placed new limits on legal migration like family-based immigration and the diversity visa lottery program, and provided a pathway to citizenship for 1.8 million Dreamers. The Senate also rejected two other immigration measures. Also yesterday, AirBnb cafeteria workers ratified a […]

February 5, 2018
News & Commentary

Ross Evans

Less than two years after having finally been recognized as the inspiration for J. Howard Miller’s iconic “We Can Do It!” World War II poster, Naomi Parker Fraley–the “true” Rosie the Riveter–died at age 96 on January 20. Fraley, long a feminist icon (albeit unwittingly), worked at a Naval Air Station in Alameda, CA as […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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