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September 9, 2016
News & Commentary

Vivian Dong

Please see OnLabor’s coverage of the 9th Circuit’s recent holding in favor of most of Uber’s driver arbitration agreements’ enforceability. The 2nd Circuit has reaffirmed the validity of class and collective action waivers in arbitration agreements, contra the position of the NLRB. The Circuit had previously held that such waivers did not violate the NLRA […]

Who’s Afraid of Collective Action?

Apr 1, 2016 Kelsey Bleiweiss

The law of the workplace is in the midst of a critical debate about collectivity. In case after case courts and the National Labor Relations Board have fought over the availability of collective action in two areas relevant to workers: class actions and class arbitration. (Union rights and collective bargaining represent a third area, but […]

Illinois HB 580: The Political Battle Over Interest Arbitration

Mar 23, 2016 Kelsey Bleiweiss

When it comes to labor news in Illinois, most attention is on the Chicago Teachers Union and its likely strike in April. But HB 580, a labor bill pending in Illinois, merits attention as well, as it has ignited fierce debate in the state for over a year. Though the future of the bill is […]

The Supreme Court Vacancy and Labor: Paul Watford

Mar 9, 2016 Alexa Kissinger

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. Paul Watford has been a judge on the 9th Circuit since his nomination by President Obama in 2012. He was confirmed by the Senate by a vote […]

The NLRB is Going All Out to Defend Collective Legal Action for Workers

Jan 7, 2016 Andrew Strom

In a typical month, if the NLRB decides twenty cases, each case will address a different issue. So, it is notable that over the last two months, the NLRB has decided twenty-seven separate cases addressing the same issue – employment policies that prohibit workers from bringing collective legal actions. These decisions highlight the extent to […]

Notable Decision — Professional Janitorial Services, Inc.

Nov 30, 2015 Abbey Q. Keister

Overview This post details a recent development in the jurisprudence of mandatory arbitration agreements that requires an employer’s mandatory arbitration policy to unambiguously communicate the fact that the policy does not prohibit employees from bringing any unfair labor charges in front of the National Labor Relations Board (NLRB). On November 24, 2015, a three-judge panel appointed by the […]

July 29, 2014
News & Commentary

Rebecca Chang

The California State Supreme Court recently issued a decision that arbitration agreements with mandatory class action waivers are enforceable within the state. In Iskanian v. CLS Transportation Los Angeles, LLC (decided June 23, 2014), the Court struck its earlier decision in Gentry v. Superior Court. Gentry had found that a class action waiver could “undermine […]

March 21, 2014
News & Commentary

Rebecca Chang

Earlier this week, the National Labor Relations Board filed a petition in the 5th Circuit, asking the court to rehear and reverse its decision in D.R. Horton. The NLRB argued in its petition that the 5th Circuit erred by applying Gilmer v. Interstate and Johnson Lane Corp. According to Bloomberg and Law360, the petition argued that […]

An Explainer: Ninth Circuit on Mandatory Arbitration in Employment Contracts (Chavarria v. Ralphs Grocery)

Dec 26, 2013 Rebecca Chang

A recent Ninth Circuit case on mandatory arbitration dovetails with OnLabor’s coverage of NLRB v. D.R. Horton (see our discussion here and here), and offers an interesting departure from the general trend. As quick background, the Supreme Court held in AT&T Mobility LLC v. Concepcion that the Federal Arbitration Act preempts state law contract defenses […]

December 4, 2013
News & Commentary

Brett M. Kalikow

The big news of the day is the ruling by a federal bankruptcy judge that Detroit can enter Chapter 9 bankruptcy and that public pensions are “not entitled to any heightened protection.” Although the judge agreed with opponents of the bankruptcy that the “city had failed to make ‘good faith’ attempts to negotiate with creditors, […]

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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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September 9, 2016

Who’s Afraid of Collective Action?

Illinois HB 580: The Political Battle Over Interest Arbitration

The Supreme Court Vacancy and Labor: Paul Watford

The NLRB is Going All Out to Defend Collective Legal Action for Workers

Notable Decision — Professional Janitorial Services, Inc.

July 29, 2014

March 21, 2014

An Explainer: Ninth Circuit on Mandatory Arbitration in Employment Contracts (Chavarria v. Ralphs Grocery)

December 4, 2013