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Category:Supreme Court

August 26, 2021
News & Commentary

William Greenlaw

Representatives from the People’s Parity Project have argued that President Biden’s bipartisan commission on Supreme Court reform is missing a key constituency: women and working people. They note that the vast majority of people testifying before the Commission have been professors teaching at elite law schools, and only a third have been women. A large […]

LISTEN: The Impact of Cedar Point on Organizing and Labor Law Reform

Jul 5, 2021 Jon Levitan

Ben recently appeared on Dissent Magazine’s Belabored podcast to discuss the fallout from Cedar Point v. Hassid, where the Supreme Court held that a California law requiring farmowners to allow union organizers onto their property to speak with workers was unconstitutional unless California compensates the farmowners. The excerpt is below. Read more of our coverage on Cedar Point from Ben, Ross, and Andrew […]

July 1, 2021
News & Commentary

William Greenlaw

The landmark Supreme Court decision NCAA v. Alston allows college athletes to profit from their likenesses and image even while a student. Now, changes to the generations-old policy of unpaid amateurism begin to come to an end today as states such as Florida implement laws following up on the Supreme Court decision. This is a […]

The Court’s Cedar Point Opinion – Haven’t I Seen This Movie Before?

Jun 30, 2021 Andrew Strom

When the current Supreme Court decides a labor case, it’s like watching top film stars in the third sequel to a movie franchise – you know how it’s going to turn out and you also know that you’re not going to see their best work. The 6-3 decision in Cedar Point Nursery v. Hassid is […]

Property Owners Win Big in Cedar Point Nursery v. Hassid

Jun 23, 2021 Ross Slaughter

Earlier today, in Cedar Point Nursey v. Hassid, the Supreme Court held that a California regulation that grants union organizers temporary access to farm property to speak with agricultural workers is a per se taking under the Fifth and Fourteenth Amendments. The decision represents a dramatic rightward shift in the Court’s takings jurisprudence, one that […]

A Small Point About Cedar Point

Jun 23, 2021 Benjamin Sachs

Ross will soon have our summary of the Court’s decision in Cedar Point, holding that a California regulation granting unions limited access to agricultural employers’ property is a per se physical taking. I write to make a basic point, one which is flagged briefly in Justice Breyer’s dissent. In short, today’s holding – as bad […]

Judicial Nominations are a Workers’ Rights Issue

Apr 20, 2021 Andre Manuel

With newfound control of the executive and legislative branches, Democrats are considering a raft of much-needed legislative reforms, in the labor and employment world and beyond. But with the federal courts largely captured by right-wing and corporate interests, substantive legal reform can only go so far. Federal judges will determine the contours of any new […]

Does Ownership Mean Absolute Dominion?

Apr 13, 2021 Ross Slaughter

In State v. Shack, New Jersey’s Supreme Court declared it “unthinkable” that property rights entitled agricultural employers to “isolate the migrant worker in any respect significant for the worker’s well-being.” Last month, in Cedar Point Nursery v. Hassid, two agribusinesses asked the U.S. Supreme Court to do the unthinkable. They claim that a California regulation […]

The Supreme Court Goes to the Big Dance

Apr 6, 2021 Fred Wang

This spring, the National Collegiate Athletic Association (NCAA) is slated to generate nearly a billion dollars in revenue from its annual March Madness men’s basketball tournament. But only a small pinch of it (in the form of cost-of-attendance scholarships and modest academic achievement awards) will go directly to the competing student-athletes themselves—the majority-Black core of […]

The Supreme Court’s Conversion on Religious Exemptions and the Future of Employment

Apr 5, 2021 Jenny Samuels

Employment relationships have long been a central battleground in conflicts over religious freedom. This should not come as a surprise: entering into an employment relationship necessarily entails both employers and employees ceding certain freedoms at the shop door. An employer must pay taxes, provide a wage and benefits, and abide by antidiscrimination law. An employee […]

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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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August 26, 2021

LISTEN: The Impact of Cedar Point on Organizing and Labor Law Reform

July 1, 2021

The Court’s Cedar Point Opinion – Haven’t I Seen This Movie Before?

Property Owners Win Big in Cedar Point Nursery v. Hassid

A Small Point About Cedar Point

Judicial Nominations are a Workers’ Rights Issue

Does Ownership Mean Absolute Dominion?

The Supreme Court Goes to the Big Dance

The Supreme Court’s Conversion on Religious Exemptions and the Future of Employment