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Gig News: Brazilian Judge Finds Uber Driver Is Employee

Feb 14, 2017 Jon Weinberg

A labor court judge in the state of Minas Gerais, Brazil has found that an Uber driver there is an employee of the company, taking the debate over the classification of drivers to another country. The Brazilian newspaper Zero Hora reports that the decision is the first in Brazil to recognize Uber as an employer of drivers. […]

Supreme Court Postpones Hearing Class Action Waiver Cases

Feb 13, 2017 Melissa Greenberg

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. As reported by Law360, the Supreme Court has informed the parties in Murphy Oil, Ernst & Young, and Epic Systems that the Court will postpone oral argument until next term, which begins in October 2017. The Court granted […]

Lawsuit Alleging Antitrust Violations Filed Against Puzder's Company

Feb 9, 2017 Lauren Godles

Yesterday, shift leaders at Carl’s Jr. filed a complaint on behalf of themselves and those similarly situated alleging various antitrust violations by Carl’s Jr. Restaurants and CKE, of which Andrew Puzder is CEO. The complaint was filed in California Superior Court. The complaint is based on a “no hire” policy extending to all CKE franchises, under which […]

NLRB General Counsel Directs Regions to Wait on Class Arbitration Cases Until Murphy Oil Is Decided

Feb 8, 2017 Melissa Greenberg

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. As reported in JD Supra, the General Counsel’s office of the National Labor Relations Board has issued a memorandum to regional offices in response to the Supreme Court’s grant of certiorari in Murphy Oil, Ernst & Young, and Epic […]

Gorsuch’s Judicial Approach and Workplace Protection

Feb 7, 2017 Andrew Strom

When Judge Neil Gorsuch accepted his nomination to the Supreme Court, he professed modesty about his role on the Court, if he is confirmed. He proclaimed that it is the role of judges to “apply not alter the work of the people’s representatives.” But, unfortunately, Judge Gorsuch’s record casts serious doubt on whether he would […]

Guest Post: A Third Category Is Not The Right Path for Gig Workers – A View From The UK

Feb 6, 2017 Hannah Reed

Hannah Reed works on employment and labour law policy for the UK Trades Union Congress (TUC). She is currently attending the Harvard Trade Union Program The recent Uber case in the UK was hailed by unions as a monumental victory, securing basic ‘worker’ rights to rest breaks, paid vacation time and the national minimum wage […]

Guest Post: The Ghent System and Progressive Federalism

Feb 3, 2017 Matthew Dimick

Matthew Dimick is Associate Professor of Law at the University at Buffalo School of Law. He can be reached at [email protected]. Last week, the US Department of Labor released its latest union membership statistics. In 2016, the rate of union membership among wage and salary earners—or union density—was 10.7 percent, down 0.4 percent from the […]

Guest Post: An Obama Executive Order That Trump Should Love

Feb 1, 2017 Sharon Block and Chris Lu

This post originally appeared in The Huffington Post. As former political appointees in the Obama administration’s Labor Department, we can think of few areas where we are in agreement with Donald Trump. In fact, we have fundamental differences with him about how to build an economy that works for everyone. Yet, we share his belief that […]

Guest Post: Collective Bargaining As We Know It Can Still Work, But It Is Not Enough

Feb 1, 2017 Kate Andrias

Kate Andrias is Assistant Professor of Law at the University of Michigan Law School. Andrew Strom takes issue with labor supporters who are “arguing that collective bargaining is dead and unions need to find something new to replace it.” He argues that passing a series of local minimum wage ordinances “is no substitute for collective […]

The Supreme Court Vacancy and Labor: Neil Gorsuch

Jan 31, 2017 Hannah Belitz

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Neil Gorsuch currently serves as a judge on the United States Court of Appeals for the 10th Circuit. He was appointed by President George W. Bush on […]

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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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