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Today’s News & Commentary — February 23, 2018

Published February 23rd, 2018 -

In advance of Monday’s oral argument in Janus, Bloomberg and the New York Times consider what might become of public sector unions if Abood is overruled. In These Times has a long feature on the advocacy groups who are funding not only Janus but also other efforts to undermine public sector unions.  Key groups include the National Right to Work Foundation, whose legal fund represents Janus, ... More »

The NLRB Should Withdraw Hy-Brand . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for action goes far enough. The Board should not only take Ben’s advice to invalidate the Hy-Brand decision, but should rethink the process it u... More »

Today’s News & Commentary — February 22, 2018

Published February 22nd, 2018 -

President Trump met with leaders from the country’s largest labor unions yesterday to discuss plans to renegotiate the North American Free Trade Agreement.  The Wall Street Journal reports that the administration is trying to gain support from labor unions which have been critical of the President over the last year by seeking their input on trade deals.  Labor unions have found common ground with... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018 -

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the definition of joint employer.  The essence of the IG’s report is that “the manner in which the former Chairman marshaled Hy-Brand thr... More »

Using History to See the Glass Part Full in Janus v. AFSCME

Published February 21st, 2018 -

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees v... More »

Today’s News & Commentary – February 21, 2018

Published February 21st, 2018 -

An article in Law360 describes the National Labor Relations Board Inspector General’s report on the decision of NLRB Member Bill Emanuel not to recuse himself from Hy-Brand Industrial Contractors Ltd.  This case reversed the joint employer standard established in Browning-Ferris Industries.  Previous to his appointment to the Board, Bill Emanuel worked for Littler Mendelson P.C.  The firm represen... More »

Today’s News & Commentary – February 20, 2018

Published February 20th, 2018 -

A district judge in the Northern District of California certified a class of Uber drivers in Dulberg v. Uber Technologies Inc.  The breach of contract suit alleges that after the company implemented its upfront pricing feature, drivers were not paid adequate wages.  Before upfront pricing, drivers were paid roughly 80% of the cost of a ride while Uber received the remaining 20%.  According to the ... More »

Today’s News & Commentary — February 19, 2018

Published February 19th, 2018 -

James Damore, the former Google engineer who is infamous for authoring a politically controversial memo that promoted gender stereotypes, was legally fired according to an NLRB memo from January that was not publicly released until Thursday.  More »

Weekend News & Commentary — February 17-18, 2018

Published February 18th, 2018 -

According to Liz O’Donnell at The Atlantic there is a looming crisis facing America’s working daughters. While advocates already face challenges with regards to paid family and medical leave, the U.S. Census Bureau estimates that there are currently 44 million unpaid eldercare providers in the United States and the majority are women. With few formal or informal support systems, women ... More »

Today’s News & Commentary — February 13, 2018

Published February 13th, 2018 -

On Monday, President Trump’s administration “proposed deep spending cuts” in the U.S. Labor Department’s budget for the second consecutive year.  The administration requested a 21% budget reduction over current levels for fiscal year 2019.  In particular, reductions in funding for job training and placement programs, training and employment service programs, and Job Corps p... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018

Estlund on Elizabeth Anderson's Private Government

Published January 19th, 2018

Law and Organizing

Published January 18th, 2018

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