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Category:Wage & Hour

October 29, 2021
News & Commentary

Hannah Finnie

The House Rules Committee unveiled yesterday the latest version of the Democrats’ tax and social spending plan that they are aiming to pass through the budget reconciliation process. The latest version of the bill, which the Biden administration considers part of its Build Back Better agenda, includes significant increases to the size of financial penalties […]

On-App Standby as Work Time in International Labor Law

Oct 22, 2021 Tiran Bajgiran

Suppose as a premise that Uber drivers are employees. What, then, constitutes their “hours of work” under international labor standards? The question is timely given two parallel trends in the global ride-hailing economy. One is a growing transnational backlash at Uber’s misclassification of gig drivers as independent contractors — in jurisdictions ranging from Canada to […]

October 15, 2021
News & Commentary

Hannah Finnie

As Maxwell covered yesterday, workers spanning multiple industries and regions across the U.S. are striking or poised to strike for better working conditions. Workers at Kellogg, John Deere, various entertainment productions, Kaiser Permanente, New York hospitals, Massachusetts hospitals, and more are either currently striking or have authorized a strike if demands aren’t soon met. As […]

August 12, 2021
News & Commentary

William Greenlaw

Record temperatures are sweeping across the U.S., and agricultural workers are paying the price. The United Farm Workers has tracked at least three heat-related deaths this season. One analyst noted the dynamics at play, writing that compared to the meatpacking industry, “Hired farmworkers are just as vulnerable, if not more. Roughly half lack legal immigration […]

Prevailing Wage Laws and Bringing Back Accountability to the Contracting Chain

Jun 3, 2021 Nick Wertsch

Manuel had spent all of a blistering Texas summer putting up drywall in the University of Houston’s new $124 million dormitory before he began to believe that his employer, a contractor on the university project, had been paying him nearly a third less than what he was entitled to under the law. During a know-your-rights […]

Lessons from my time in the Harvard Legal Aid Bureau’s Wage and Hour Practice

May 14, 2021 Juan Espinoza Muñoz

When I was in 4th grade I was elected Treasurer of the Kiwanis Kids Club where I was in charge of fundraising, writing checks, and bank deposit slips. I quickly used these skills to help my parents navigate bills, mail correspondence, and work documents. I remember going through pay stubs and comparing hours with tally […]

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 FTC went after Amazon for withholding gig drivers’ tips. Can consumer harm approaches be stretched even further to protect gig workers?

Mar 18, 2021 Zachary Sorenson

For years, Amazon promised its Fresh and Prime Now gig delivery drivers they would receive all customer tips. Instead, Amazon diverted these tips to cover base wages, according to a complaint against Amazon by the Federal Trade Commission (FTC) last month. The FTC’s settlement with Amazon is a win for the drivers who will now […]

Amazon’s Last-Mile Drivers Can Escape the FAA, But Who Else?

Mar 11, 2021 Michael Migiel-Schwartz

More than half of nonunion private-sector employees are subject to forced arbitration clauses. These clauses, many of which also include class action waivers, require that employees bring legal complaints through private arbitration—a setting that favors employers. Because the Supreme Court’s Federal Arbitration Act (FAA) jurisprudence has been so unkind to workers—in 2001 determining that only […]

Why District Attorneys Should Take Up Wage Theft Criminalization

Feb 22, 2021 Michael Migiel-Schwartz

Studies show that employers steal billions each year from their employees, most often by failing to pay the minimum wage or overtime. Wage theft figures from the ten largest states alone reach $8 billion, a figure nearly half as large as all other forms of property theft nationwide. While wage theft is typically addressed […]

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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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October 29, 2021

On-App Standby as Work Time in International Labor Law

October 15, 2021

August 12, 2021

Prevailing Wage Laws and Bringing Back Accountability to the Contracting Chain

Lessons from my time in the Harvard Legal Aid Bureau’s Wage and Hour Practice

The Supreme Court Goes to the Big Dance

The FTC went after Amazon for withholding gig drivers’ tips. Can consumer harm approaches be stretched even further to protect gig workers?

Amazon’s Last-Mile Drivers Can Escape the FAA, But Who Else?

Why District Attorneys Should Take Up Wage Theft Criminalization