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Category:Wage & Hour

Pay Transparency at Work: The Great Equalizer?

Mar 1, 2016 Jake Rosenfeld

“Pay secrecy fosters discrimination and we should not tolerate it.” So declared President Obama in the Spring of 2014 upon signing an executive order ratcheting up punishments for federal contractors that maintain pay secrecy policies. Two years on and legislators in dozens of states are following the President’s lead by introducing policies that would crack […]

Engaged in the “Practice of Law” – The Future of Contract Attorneys under the FLSA

Feb 10, 2016 Jonathan Gartner

Looking to save costs on large-scale document review projects, law firms often turn to “contract attorneys” to handle the grunt-work. These contract attorneys are licensed attorneys, hired on a temporary basis, usually through staffing agencies, and their contracts run for the length of a project. Despite often working in excess of 40 hours per week, […]

Guest Post: 2016 Steps Forward on Joint Employer Liability

Feb 2, 2016 Jennifer (JJ) Rosenbaum

Jennifer (JJ) Rosenbaum (@RosenbaumJJ) is a Robina Foundation Visiting Human Rights Fellow at the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. From the on-demand economy to construction sites and fields, joint employer liability continues to be fundamental to combating growing inequality and substandard conditions for workers. The U.S. Department […]

Combating Wage Theft: Mechanics’ Liens and the California Fair Day’s Pay Act

Nov 25, 2015 Catherine Fisk

The working poor need more than an increase in the minimum wage. They need effective enforcement of the wage laws already on the books. The ideal would be to expand to all workers the long-established principle of the mechanics’ lien, which allows any worker who performs labor to improve real property to assert a lien […]

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

Aug 28, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. In the much-anticipated Browning-Ferris Industries case, the National Labor Relations Board yesterday decided in a split 3-2 vote to return to the common law test for when two corporations are joint employers, and therefore may be jointly responsible to bargain with the […]

“Free” Labor: The systemic implications of prison labor

May 29, 2015 Whitney Benns

This is Part Four of the four-part series “Free” Labor. The past three posts have introduced the concept of prison labor, tracked the historical roots of prison labor to the present day iterations, and explored the law as applied to incarcerated workers. This post will examine the broader implications of prison labor in the context […]

“Free” Labor: The Law of Prison Labor

May 28, 2015 Whitney Benns

This is Part Three of a four-part series. Part One gave a description of a recent prison uprising at Willacy County Corrections Center in south Texas. The event provided a platform for introducing the concept of incarcerated workers and the intersections between different areas of law that apply to incarcerated workers. Part Two provided a […]

“Free” Labor: Past and present forms of prison labor

May 27, 2015 Whitney Benns

This is Part Two of a four-part series. Part One gave a description of a recent prison uprising at Willacy County Corrections Center in south Texas. The event provided a platform for introducing the concept of incarcerated workers and the intersections between different areas of law that apply to incarcerated workers. Part Two will provide […]

"Free" Labor: An Introduction

May 26, 2015 Whitney Benns

This post is the first in a four-part series. On the morning of February 20, 2015, a large number of inmates at Willacy County Correctional Center, a state prison facility at the southern end of Texas, went on strike. Inmate workers refused to go to work at their assigned jobs in protest over the facility’s […]

McDonald's Employer Status

Apr 1, 2015 Benjamin Sachs

Among the sillier claims in the debate over whether McDonald’s is a joint employer of its franchise employees is the one made today by International Franchise Association president Steve Caldeira. Speaking about McDonald’s decision to raise wages for the approximately 5% of employees who work directly for the chain (and not for franchises), Caldeira said: Today’s announcement is a […]

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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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Pay Transparency at Work: The Great Equalizer?

Engaged in the “Practice of Law” – The Future of Contract Attorneys under the FLSA

Guest Post: 2016 Steps Forward on Joint Employer Liability

Combating Wage Theft: Mechanics’ Liens and the California Fair Day’s Pay Act

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

“Free” Labor: The systemic implications of prison labor

“Free” Labor: The Law of Prison Labor

“Free” Labor: Past and present forms of prison labor

"Free" Labor: An Introduction

McDonald's Employer Status