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Category:Supreme Court

Justice Powell Wouldn’t Recognize the Monster He Created

Dec 13, 2018 Andrew Strom

If you don’t know about the Powell Memo, you should. And, if you’ve heard of it, but haven’t read it, you ought to read it. The Powell Memo, written in 1971 by future Supreme Court Justice Lewis Powell to the Chairman of the Education Committee of the U.S. Chamber of Commerce, has probably influenced the […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Aug 20, 2018 Jared Odessky

Last week we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, as well as the briefs submitted by amici curiae for New Prime. Today we examine the briefs submitted by amicus curiae for Oliveira. Amicus Briefs for Oliveira The American Association for Justice explains that when the American Federation of Labor […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Aug 17, 2018 Jared Odessky

Yesterday we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, the latest case before the Supreme Court to address the extent of the Federal Arbitration Act (FAA)’s reach in the employment context. Today we summarize the briefs submitted by amici curiae for New Prime, and […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Aug 16, 2018 Jared Odessky

On October 3 the Supreme Court will hear oral argument in New Prime Inc. v. Oliveira, the first arbitration case before the justices since they decided Epic Systems in May. Today we recap the briefs submitted this summer by petitioner New Prime Inc. and respondent Dominic Oliveira. Tomorrow we will summarize the briefs submitted by […]

Brett Kavanaugh, “Common Sense,” and Class Prejudice

Jul 12, 2018 Andrew Strom

In ruling on a case involving the rights of telephone company employees to wear union t-shirts while they were working, Brett Kavanaugh began his opinion with the observation that “common sense sometimes matters in resolving legal disputes.” But, as the case illustrates, sometimes “common sense” can be a mask for class prejudice, and this is […]

Watch Out Workers, Here Comes Brett Kavanaugh

Jul 10, 2018 Andrew Strom

In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.” The Occupational Safety and Health Administration (OSHA) investigated the incident and issued citations to SeaWorld for willfully exposing trainers to the recognized […]

The Kavanaugh Nomination and Labor

Jul 10, 2018 Sharon Block

Yesterday, President Trump nominated Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court. Kavanaugh currently serves as a judge on the United States Appeals Court for the District of Columbia Circuit. He was nominated to the D.C. Circuit by President George Bush in 2003 but was not confirmed until 2006. Prior to […]

In Janus, the Court’s “Originalists” Show Their True Colors

Jun 29, 2018 Andrew Strom

It shouldn’t have come as a surprise to anyone that when faced with a choice between originalism and right-wing ideology, the Supreme Court’s two avowed originalists, Justices Gorsuch and Thomas, decided that they weren’t going to let doctrinal purity get in the way of their desired result. It’s worth taking a close look at how […]

Today’s News & Commentary — June 29, 2018

Jun 29, 2018 Jenny Braun

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 mayonnaise dispensing techniques and proper fridge organization for each restaurant, but this type of control […]

June 28, 2018
News & Commentary

Maddy Joseph

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page. Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes modeled on the recent teacher actions — in order to […]

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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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Justice Powell Wouldn’t Recognize the Monster He Created

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Brett Kavanaugh, “Common Sense,” and Class Prejudice

Watch Out Workers, Here Comes Brett Kavanaugh

The Kavanaugh Nomination and Labor

In Janus, the Court’s “Originalists” Show Their True Colors

Today’s News & Commentary — June 29, 2018

June 28, 2018