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Guest Post: Do Arguments Against Fair Share Fees Make it Harder for the Government to Privatize Services?

Apr 14, 2015 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. Almost forty years ago, in Abood v. Detroit Bd. of Ed., the Supreme Court held that public sector employees cannot be required to pay union dues as a condition of maintaining their employment, but they can be required to pay fair share fees to cover the […]

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 […]

McDonald's to Raise U.S. Workers' Hourly Wage to $10

Apr 1, 2015 Whitney Benns

McDonald’s announced today that it plans to raise U.S. workers’ hourly wage by $1 per hour and increase benefits by the end of 2016, The Wall Street Journal and Time report (note that the WSJ article is behind a pay wall). The changes will affect workers in roughly 1,500 U.S. restaurants. The new benefits will […]

Young v. UPS: A Backgrounder and Case Review

Mar 25, 2015 Whitney Benns

Today, the Supreme Court announced its ruling in Young v. UPS, coming down 6-3 in favor of former UPS employee Peggy Young. The question at the center of the case was whether the Pregnancy Discrimination Act requires employers to offer accommodations to pregnant workers if they already do so for non-pregnant workers with similar limitations […]

Plaintiff Prevails in Pregnancy Discrimination Act Case: Young v. UPS

Mar 25, 2015 Benjamin Sachs

The Supreme Court has ruled, 6-3, in favor of Peggy Young in this Term’s major PDA case, Young v. UPS. As the NYT reports, the Court adopted the “middle ground” approach that Justice Kagan elaborated during oral argument. We will have a more thorough review of the decision soon.

The NLRB's Revised Procedures for Addressing Immigration Status Issues Arising During Unfair Labor Practice Proceedings: An Explainer

Mar 16, 2015 Daniel Crossen

Late last month, the General Counsel of the National Labor Relations Board promulgated Memorandum GC 15-03, which made important changes to the Board’s procedures for addressing immigration status issues arising during unfair labor practice proceedings. This post explains the background of the Memorandum and outlines the changes it makes. Background In 2002, the Supreme Court […]

Friedrichs v. California Teachers Association Heads to the Supreme Court

Mar 9, 2015 Antonia Domingo

In Harris v. Quinn, which we have covered extensively, the Supreme Court stopped short of declaring public-sector fair share fees unconstitutional. However, several commentators have noted that Justice Alito seemed to invite a case that would allow the Court to overturn Abood v. Detroit Board of Education and thereby invalidate public-sector agency shop arrangements. The […]

House Subcommittee Examines Resolution to Block NLRB "Ambush Election" Rule

Mar 4, 2015 Emily Cusick

On Wednesday March 4, the Subcommittee on Health, Employment, Labor, and Pensions held a hearing entitled, “H.J. Res. 29, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures.” According to a press release by the House Education and the […]

The Legal Problem with Wisconsin's Right-to-Work Law (and what to do about it)

Mar 4, 2015 Benjamin Sachs

Wisconsin is about to pass a right-to-work law. Yesterday, Rachel provided an excellent background on this bill. Here, I want to make just a couple of comments. First, the relevant language of the Wisconsin bill is identical to Indiana’s recently-enacted statute. The law would dictate that no one may be required, as a condition of […]

An Explainer: What's Happening In Wisconsin?

Mar 2, 2015 Rachel Homer

This past Thursday, the Wisconsin Senate passed a so-called “Right to Work” bill, leading to protests in the state’s capital. What Is Wisconsin’s “Right To Work” Bill? Once a union is recognized as the representative of a bargaining unit, that union is obligated to collectively bargain on behalf of all employees, not just union members. […]

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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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