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Uber, Overtime, and the Taxicab Exemption

May 6, 2019 Randon Herrera

As the debate over the employment status of Uber drivers continues, one employment benefit raises a set of questions not presented by the others: overtime pay. Uber has suggested that if it is forced to reclassify its drivers as employees, it will cap its drivers’ hours to escape having to pay time-and-a-half for overtime work. It […]

Is Riot Games in Violation of the NLRA for Funding its Own Union?

May 1, 2019 Minnie Che

The emergence of esports as a new professional career In 1972, the world’s first videogame tournament was held at Stanford University with a year’s subscription to “Rolling Stone” as the first place prize. In 2018, New York’s Barclays Center sold out its 20,000-seat arena for the first ever Overwatch League Grand Finals with $1 million […]

Law and Politics in Employee Classification

Apr 30, 2019 Benjamin Sachs

As has been widely reported, the U.S. Department of Labor issued an “opinion letter” yesterday concluding that an unnamed “virtual marketplace company” does not employ the workers who make the company viable. Instead, the letter finds that these workers are independent contractors. The letter is flawed in multiple ways. As Sharon will explain, deciding a […]

Employee Surveillance

Apr 29, 2019 Phoebe Bodurtha

“If Privacy Matters in Your Life, It Should Matter to the Phone Your Life is On. Privacy. That’s iPhone.” The focus of Apple’s latest ad campaign is particularly ironic in light of recent news that Apple doesn’t hold employers to the same privacy standards as other iPhone app developers. Simply put, Apple gives employers way […]

Does the First Amendment’s Ban on Political Patronage Apply to Appointed State Judges?

Apr 26, 2019 Nathaniel Levy

A recent Third Circuit decision applies the case law on public employees and the First Amendment to appointed state judges, and raises interesting questions about how to design a judicial selection system that both respects the First Amendment and promotes courts’ capacity to act as an independent check on their co-equal branches. The Delaware constitution […]

The Bogus Justification for Worker Non-Compete Clauses

Apr 24, 2019 Sandeep Vaheesan

Even as employers have deprived nearly 30 million workers of the freedom to leave using non-compete clauses, they and their advocates insist that non-competes promote the public good. The case for robbing workers of the freedom to earn a living where they want goes as follows. Employers often invest in job training, disclose trade secrets […]

Commentary Round-up for Bostock, Zarda and Harris Cert Grants

Apr 23, 2019 Jared Odessky

Yesterday the Supreme Court granted cert in three cases that will decide whether Title VII’s bar against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. Just two years ago, advocates were cheering the opportunity to argue an LGBTQ employment discrimination case before the Court with Justice Kennedy on the […]

SCOTUS Weighing LGBTQ Workers’ Rights: What’s At Risk

Apr 22, 2019 Sejal Singh

This morning, the Supreme Court granted cert. in three cases asking whether Title VII of the Civil Rights Act’s prohibition on workplace discrimination based on sex also prohibits discrimination against LGBTQ workers. The Court granted cert. in Harris Funeral Homes v. EEOC, a ground-breaking case holding that Title VII prohibits discrimination against transgender workers, and […]

Supreme Court Grants Cert in Title VII Sexual Orientation and Gender Identity Cases

Apr 22, 2019 Adrienne Spiegel

This morning the Supreme Court granted certiorari in three cases: Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC. Bostock and Zarda are consolidated and present the question whether Title VII’s prohibition on discrimination “because of sex” covers discrimination because of sexual orientation. Harris Funeral Homes […]

Criminal Background Checks and Disparate Impact: An Argument for Reform

Apr 22, 2019 Joe Ruckert

Amazon is currently defending itself in a class action alleging racial discrimination. In 2016, the company implemented a stricter background check policy for subcontracted delivery drivers. As a result of the change, several existing drivers—many of whom were black and Latino—became ineligible for continued employment due to criminal offenses that had previously been overlooked. Amazon […]

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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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